Construction NewsBRIEFS! 8-13-2012

State law, with limited exceptions, prohibits the state from disqualifying a person from engaging in an occupation, profession, or business that requires a state credential (such as a license or permit) solely because of a prior criminal conviction, according to a recent report from the Office of Legislative Research concerning the consequences of a felony conviction on employment.

A whistleblower complaint led OSHA to investigate a construction site, where the agency found enough trenching violations to levy a $122,400 fine against a contractor. The whistleblower claims he was terminated for refusing to enter an unprotected trench. OSHA’s trenching standards mandate all excavations five feet or deeper be protected against collapse. The whistleblower investigation has been referred to the Department of Labor’s Office of the Solicitor for possible litigation. The company has 15 business days to decide whether to contest the citations.

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