Current Legal Issues Impacting Temporary Works in Construction

by Robert J. Smith, Wickwire Gavin, P.C., Madison, United States,

Document Type: Proceeding Paper

Part of: Preparing for Construction in the 21st Century


There are two evolving areas of legal concern to the engineer and contractor involved in any aspect of temporary construction. The interpretation and application of the Occupational Safety and Health Act ('OSH Act') is in an apparent state of flux. The Occupational Safety and Health Administration ('OSHA') seemingly wishes to see greater responsibility imposed on the resident engineer, irrespective of his/her role in the design, design approval, or field observation of temporary construction. New proposed ANSI Standard A10.33 and pending Federal legislation regarding construction site safety both have significant implications for traditional recommended relationships and responsibilities for the design and installation of temporary works. Both proposals would dramatically alter the responsibilities and liability exposure of the contractor and engineer.

Subject Headings: Occupational safety | Legal affairs | Construction management | Construction sites | Standards and codes | Building codes | Contracts and subcontracts | Legislation

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