Design Professional's Practice Bulletin

Volume 1, Number 3 — October 1997

This Bulletin addresses recent developments affecting Design Professionals as well as business concerns as important as the specific professional and technical issues they face.

Editors: Neil P. Clain and Richard J. Davies

Alert:
OSHA Rulings Affecting Design Professionals

Our next issue will profile two recent opinions from the Occupational Safety and Health Review Commission that addressed a design professional's liability for violation of OSHA's construction standards. The cases, decided on the same day, represent opposite ends of the spectrum of potential liability. In one case, a design professional with extensive project duties was held liable for violation of OSHA construction standards despite contractual limitations on its responsibility for construction safety measures. In the second case, a structural engineering subconsultant with limited project duties that voluntarily involved itself in a safety-related issue was not held liable. These results are dependent upon the precise facts of each case, which will be reviewed in our next issue. If you would like to have a copy of these opinions before then, please contact us.

©1997 Powell, Trachtman, Logan, Carrle & Lombardo, P.C.

This bulletin is intended for general information purposes only and does not constitute legal advice. The reader should consult with legal counsel to determine how laws, suggestions and illustrations apply to specific situations.