OSHA Settlement Corrections: The True Value Remand

Reviewed September 7, 2026.

In Secretary of Labor v. True Value Company, OSHRC No. 16-0597 (April 27, 2017), the Commission set aside a final order approving a settlement that inadvertently left a citation item unresolved.

The parties' agreement withdrew one item but omitted another. The judge submitted the incomplete disposition for docketing, and the order became final. The Commission used Federal Rule of Civil Procedure 60(a) to address the oversight and remanded for further proceedings.

Check every citation item before signing

Match the settlement against the citation: item numbers, classification, penalty, abatement obligations, payment dates and any continuing commitments. Confirm what is withdrawn, amended, admitted or still contested.

This historical correction does not mean a final OSHA order can routinely be reopened. Under OSHA's contest procedures, employers generally have 15 working days after receipt to contest citations or penalties. An informal conference does not automatically extend that period. Preserve the contest deadline while negotiating.

Kushnick Pallaci PLLC assists clients throughout New York with OSHA citation defense and representation. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Contractor Defense and Fall-Protection Evidence: Giordano v. Tishman

Reviewed September 7, 2026.

In Giordano v. Tishman Construction Corp., 152 AD3d 470 (2017), the First Department held that factual disputes prevented summary judgment for either side on the Labor Law claims at issue.

A worker fell approximately 30 feet after stepping onto a scaffold brace that gave way. Although he wore a harness and double lanyard, the parties disputed whether adequate anchorage points were available and whether he could remain tied off throughout the work. Those questions also prevented resolution of the sole-proximate-cause argument as a matter of law.

Preserve usable evidence

For owners and contractors defending a claim, a statement that a harness was supplied does not complete the analysis. Preserve the equipment, anchorage information, site photographs, work instructions, training records and witness accounts, while addressing immediate safety needs.

This historical decision did not dismiss the worker's case or eliminate statutory liability. It illustrates why the actual protection available and the circumstances of the task matter. Coverage notice and contractual risk-transfer issues should be addressed promptly alongside the defense.

Kushnick Pallaci PLLC assists clients throughout New York with construction litigation and contractor defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Power-Tool Safety and OSHA Compliance for Construction Employers

Reviewed September 7, 2026.

Power-tool safety requires equipment suitable for the task, maintained safeguards and trained users. A checklist can support compliance but cannot replace the applicable standards or a site-specific safety assessment.

Review the governing standards

29 CFR 1926.300 requires hand and power tools to be maintained in safe condition and addresses guarding and protective equipment. Section 1926.302 sets requirements for power-operated hand tools, including approved double insulation or required grounding for electric tools.

• Inspect tools, cords, plugs, guards and accessories before use; remove defective equipment from service.
• Use the correct tool and accessories in accordance with applicable requirements and manufacturer instructions.
• Maintain guards and required electrical protection, and select appropriate eye, face and other protection for the hazards.
• Train workers and document inspections, defects and corrective action.

The OSHA power-tool guidance provides additional electrical-safety information. If a citation arrives, review it promptly and preserve the separate contest deadline.

Kushnick Pallaci PLLC assists clients throughout New York with OSHA compliance advice and citation defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Construction Collapse Response: Safety, Reporting, Evidence and Insurance

Reviewed September 7, 2026.

A construction collapse requires immediate protection of people and coordinated professional response. Call 911 for an emergency, evacuate or secure the area as directed, and follow responders’ instructions. Evidence collection must never delay rescue, stabilization or necessary safety measures.

Report and stabilize

For New York City incidents, follow DOB’s worksite incident reporting instructions. Injury incidents require immediate reporting and specified additional information within three business days. Equipment damage also has reporting requirements. Evaluate separate OSHA and other applicable reporting obligations promptly. Engage qualified engineers and authorized contractors; do not reenter or resume work contrary to an order.

Preserve the evidence that can safely be preserved

Record conditions from a safe location, identify witnesses, and preserve plans, site logs, monitoring readings, photographs, messages, inspection records and equipment information. Suspend routine deletion of relevant electronic records when litigation is reasonably anticipated. Coordinate any destructive examination or disposal with counsel, engineers, insurers and other parties as appropriate, while allowing urgent safety work to proceed.

Protect insurance and contract rights

Notify all potentially applicable insurers using the policy’s required procedure, including relevant liability, property, builder’s risk and additional-insured coverage. Keep proof of notice. Review contracts for incident reporting, delay notices, time-extension requests, indemnity and cooperation requirements. A certificate of insurance alone does not establish the scope of coverage.

Counsel can coordinate investigation and claims without substituting for emergency responders or engineers. Keep a clear record of why emergency measures were necessary and what they cost. This article addresses property damage, contractor defense and construction risk management; the firm does not handle plaintiff personal injury claims.

Kushnick Pallaci PLLC assists clients throughout New York with construction-collapse and property damage disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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New York City Underpinning: Design, Access, Notices and Inspection

Reviewed September 7, 2026.

Underpinning and other support work can affect the stability of both the project and adjoining buildings. Qualified design and engineering review should determine the necessary method, sequencing, monitoring and inspections before work begins.

NYC Building Code § 3309.5 addresses underpinning or alternate support required to protect adjoining property. Its access provisions must be read with the other applicable code and property-law requirements. Refusal of access should be evaluated with counsel; it is not permission to proceed with an unsafe operation.

Use current filing procedures

DOB’s excavation guidance requires notice 24 to 48 hours before applicable earthwork, submitted through DOB NOW: Build for both BIS and DOB NOW jobs. Follow cancellation requirements if the schedule changes. Most work, including underpinning, requires permits and compliance with approved plans.

Arrange required special inspections, preconstruction documentation and monitoring under the code applicable to the job. The old article’s 2010 form references and stalled-site bulletin should not be treated as a complete current checklist.

Obtain a properly documented access agreement or appropriate court relief under RPAPL 881 before entering neighboring property. Coordinate plans, insurance, duration, protection, restoration and damage responsibility. DOB inspections do not relieve project participants of their own duties.

Kushnick Pallaci PLLC assists clients throughout New York with underpinning and adjoining-property disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Underpinning a Neighbor’s Property: Resolve Access Before Work Begins

Reviewed September 7, 2026.

Do not treat a building permit as permission to occupy, enter or alter neighboring property. Underpinning and protective work require engineering review and a valid legal basis for the proposed access.

Negotiate a complete agreement

A written access agreement should identify the permitted work, drawings, access area, dates, inspections, monitoring, insurance, restoration, compensation and responsibility for damage. It should address whether any support or other installation will remain and what rights are actually being granted. Avoid informal permission that leaves the scope uncertain.

Consider the current court-access statute

When qualifying work cannot be performed in a commercially reasonable manner without entry and permission has been refused, RPAPL 881 permits a special proceeding in an appropriate case. The current statute expressly includes certain supports and underpinning required by code, regulation or local law. It also sets conditions concerning notice, documents, insurance, duration and compensation, and makes the licensee liable for actual damage caused by entry. State-entity property is subject to an exclusion.

Relief is not automatic and should not be assumed to authorize every permanent encroachment or proposed design. Analyze the requested work and any court order precisely. Starting without adequate access rights can cause injunctions, DOB enforcement, delay and additional expense; outcomes depend on the facts rather than an inevitable fixed penalty. Plan access early enough for negotiation or court proceedings.

Kushnick Pallaci PLLC assists clients throughout New York with RPAPL 881 access proceedings. Contact 631-752-7100 or vtp@kushnicklaw.com.

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DOB OATH Summonses: Address the Hearing and Correct the Condition

Reviewed September 7, 2026.

A DOB-issued OATH summons, historically called an ECB violation, requires attention to both the alleged violation and the physical condition. Do not confuse DOB’s requirements with those of another issuing agency, such as DEP.

Review the violation class, cited law, respondent, hearing date and any cure or stipulation offer. DOB’s categories include immediately hazardous Class 1, major Class 2 and lesser Class 3 violations. Eligibility for a particular resolution depends on the summons and rules, not simply the class label.

Choose the appropriate response

DOB’s OATH guidance explains eligible cures, admissions, stipulations, hearings and appeals. A valid, timely cure requires correction and an approved Certificate of Correction. Certain stipulations involve an admission and 75 days to correct; they are not available automatically for every violation.

If contesting the summons, prepare relevant plans, permits, photographs, inspection records and witnesses. Track the hearing and appeal procedures. Ignoring the summons risks default and increased penalties.

Complete the separate correction process

Paying an OATH penalty does not itself establish DOB correction, and correcting a condition does not automatically excuse a hearing unless the applicable procedure permits it. Verify the agency’s acceptance of the correction and separately address any stop-work or vacate order. Keep proof of each step in the project file.

Kushnick Pallaci PLLC assists clients throughout New York with DOB/OATH and construction compliance disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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One- and Two-Family Homeowner Exemptions Do Not Automatically Protect Builders

Reviewed September 7, 2026.

The original article described a proposal to extend a Labor Law exemption to builders of new single-family homes. The current Labor Law § 240 and § 241 contain an exemption for qualifying owners of one- and two-family dwellings who contract for, but do not direct or control, the work.

That language does not automatically exempt a contractor merely because the project is a single-family house. The party's role, property use, work and involvement require evaluation. An owner claiming the exemption must satisfy its requirements; the home's unit count alone does not resolve every case.

Review contractor exposure before work begins

Confirm applicable safety obligations, supervision arrangements, subcontract terms and insurance coverage. Do not price a project on the assumption that a homeowner's potential exemption transfers to the builder.

If an incident occurs, preserve relevant records and notify insurers promptly. This article addresses construction risk and defense considerations for owners and contractors.

Kushnick Pallaci PLLC assists clients throughout New York with construction litigation and contractor defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

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New York City Building Oversight: Use Current Agencies and Code Requirements

Reviewed September 7, 2026.

The original post discussed Assembly Bill A01317, an older proposal for an independent building review agency. It should not be relied on as a description of today's approval or complaint process.

The New York City Department of Buildings publishes its current unit responsibilities and Construction Code resources. The responsible office and procedure depend on whether the issue concerns an application, permit, inspection, unsafe condition, violation or appeal.

Build a project-specific record

Identify the property, job and permit numbers; collect approved plans, objections, inspection results and written agency determinations; and confirm which code edition and later amendments apply. Different agencies may have separate authority over zoning, landmarks, fire safety or other issues.

A permit or agency inspection does not by itself resolve private property rights or a construction-contract dispute. If neighboring access, damage or a stop-work issue arises, coordinate the regulatory response with the relevant contract and property remedies.

Kushnick Pallaci PLLC assists clients throughout New York with construction disputes and regulatory issues. Contact 631-752-7100 or vtp@kushnicklaw.com.

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