April 2023

OSHA violations are issued from the observation of unsafe practices at jobsites regardless of whether an accident has occurred. Typically, these violations arise from employee(s) not following a company’s own safety rules. However, the burden to prove the employee misconduct so as to dismiss an OSHA violation is generally high and the recent decision in Secretary of Labor v. Elmer W. Davis, Inc. is informative as to the extensive policies and procedures a construction company has to have in place to successfully argue it.

In 2004, a major report entitled “Who Cares Wins” was issued from the United Nations to encourage all stakeholders in business to consider and adhere to ESG standards referring to Environmental, Social and Governance.
The Environmental encourages policies that are environmentally sustainable and minimize harm to the climate or immediate environment. Social pertains to diversity, equity and inclusion and other relationships with suppliers and surrounding communities where companies operate. Governance pertains to issues in executive pay, shareholder rights, leadership and other internal controls.

A roundup of what’s new and who’s in the news both locally and in the state.

A staple in Stony Point, NY and Rockland County politics, Arthur Douglas Jobson (known as Douglas), passed away at the age of 85 on Mon. April 10.

ALBANY—As some critics of Industrial Development Agencies continue to call for additional oversight over their decisions and tax breaks granted to developers, a report released on April 11 indicates that a total of 107 local and county Industrial Development Agencies in New York State added $126 billion to the New York State economy in 2021.

WHITE PLAINS—Commercial property owners and developers in Westchester have until May 15 to submit proposals for leasing new office space that will be used by the Westchester County Department of Health. Details about space requirements are listed in a recently released RFP (Request for Proposals).