How to Avoid Lawsuits in Masonry Construction

Masons must take proper care to avoid OSHA writeups and lawsuilts.

In the field of bricklaying, lawsuits are becoming commonplace. As corporate attorney Tammy Tomblin reports, the larger the expansion of your company, the more likely a construction defect lawsuit is. You are especially vulnerable if you are ignorant of the correct best practices of the business when it comes to the hiring and supervision of employees. Indeed, you will be out millions of dollars if a court of law can prove that you did not hire and train competent employees who can work in a thorough, safe manner, and that you did not take certain steps to avoid a hazard or a potential danger.

Instructions

1. Read and understand both the International Residential Code and the International Building Code. According to forensic engineer Norm Cooper, you should know all the safe measurement specifications that are part of the code, both for buildings and residential areas.

2. Educate yourself regarding the federal bricklaying and masonry laws. The OSHA.gov website is an example of a source that contains these rules. This is a continual process, for the laws change frequently and you will be responsible for knowing them.

3. Carefully screen any prospective masons. Ask them to submit resumes. Contact any former employers, inquiring of details concerning past performance, depending on the laws of your state. Investigate their educational background to see if the masons you wish to hire have passed the proper tests and procured the appropriate certifications.

4. Conduct a review training session with any new hires. Go over all safety rules, as well as OSHA laws. Begin by asking how much they know. Show videos and slide shows, and have them take notes. Clarify that they are free to ask questions concerning anything they do not understand.

5. Hire a foreman. Choose a responsible person with much experience in masonry who can supervise them in safety issues in addition to making sure that they use a trowel in the correct, most productive way.

6. Retain a general counsel. Choose a licensed corporate attorney who can answer questions about on-the-job safety as they arise.

Tips & Warnings

• Watch out for common program violations. According to attorney Timothy R. Hughes, you should make sure that all hazardous materials postings are in your workplace. Per OSHA law, such postings, such as Material Data Safety Sheets, or MSDS, must be in a prominent place where your workers can readily access them.

References

• Masonry Magazine: Tammy L. Tomblin: The Benefits of Risk Management
• Timothy R. Hughes: Don't Take the Fall
• Masonry Design Magazine: Norm Cooper: Minimizing Masonry Litigations
• United States Department of Labor: Concrete and Masonry Construction