OSHA: Most Frequently Cited Standards of 2010

The following were the top 10 most frequently cited standards in fiscal year 2010 (October 1, 2009 through September 30, 2010):

1. Scaffolding, general requirements, construction (29 CFR 1926.451)
2. Fall protection, construction (29 CFR 1926.501) 
3. Hazard communication standard, general industry (29 CFR 1910.1200) 
4. Ladders, construction (29 CFR 1926.1053) 
5. Respiratory protection, general industry (29 CFR 1910.134) 
6. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) 
7. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) 
8. Powered industrial trucks, general industry (29 CFR 1910.178)
9. Electrical systems design, general requirements, general industry (29 CFR 1910.303) 
10. Machines, general requirements, general industry (29 CFR 1910.212) 

The following are the standards for which OSHA assessed the highest penalties in fiscal year 2010 (October 1, 2009 through September 30, 2010):

1. Fall protection, construction (29 CFR 1926.501) 
2. Electrical, general requirements, construction (29 CFR 1926.403)
3. Safety training and education, construction (29 CFR 1910.21) 
4. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
5. Machines, general requirements, general industry (29 CFR 1910.212)
6. General duty clause (Section 5(a)(1) of the OSH Act)
7. Excavations, requirements for protective systems, construction (29 CFR 1926.652)
8. Lead, general industry (29 CFR 1910.1025)
9. Grain handling facilities (29 CFR 1910.272)
10. Ladders, construction (29 CFR 1926.1053)

For more detailed information, visit Frequently Cited OSHA Standards. At that site, you can generate a report on the most frequently cited federal or state OSHA standards by your SIC code and the number of employees in your establishment.

Article located at:  http://www.osha.gov/dcsp/compliance_assistance/frequent_standards.html

Court Reviews a Judgment in Favor of a Bank against Defaulting Borrowers

GREENBANK, F/K/A GREENE COUNTY BANK v. BARBARA J. THOMPSON, ET AL. (Tenn. Ct. App. December 29, 2010)

Bank provided a loan to Borrowers for the purchase of real property and construction of a log cabin home. After Borrowers defaulted on the loan, Bank sold the property at a foreclosure sale.

Bank then initiated a lawsuit alleging conversion, negligent business representation, and promissory fraud. Bank also sought a deficiency judgment for the difference in the amount owed on the loan and the foreclosure sale price. After a bench trial, the trial court awarded a judgment for $61,782.12 and a deficiency judgment for $300,644.92 in favor of Bank. Borrowers appeal. We affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/greenbank_122910.pdf

Court Reviews Whether the Trial Court Properly Held Home Inspectors Individually Liable in a Negligence Case

JOHN GALLON, ET AL. v. HARRY ELBERSON, ET AL. (Tenn. Ct. App. December 1, 2010)

The plaintiff home buyers filed suit against two home inspectors and a home inspection company after discovering defects in the home that were not mentioned in the inspection report. The court found that the defendants were negligent and granted the plaintiffs a judgment for damages against the home inspectors and the inspection company, individually, jointly and severally.

The defendants argue on appeal that the judgment was not supported by the evidence and that in holding them individually liable, the court pierced the corporate veil without the proof of the extraordinary circumstances normally required for a court to do so.

We affirm the finding of liability and the judgment for damages, but we vacate the judgment as to one of the individual defendants, because the evidence preponderated against the trial court's finding that he was in partnership with the other individual defendant.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/gallonj_120110.pdf