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Silica-Dust-construction

Prepare for Compliance – OSHA Silica Regulations Explained

Construction Law / By

Back in March of 2016, OSHA published a regulation that requires construction employers to limit worker exposure to respirable crystalline silica. Silica can be dangerous when inhaled by construction workers, causing lung disease and even cancer. Silica dust is frequently found where things like cutting, grinding, sawing, drilling or crushing is taking place. This fine dust is created when sawing bricks or grinding stone, for example. OSHA estimates that over 2 million construction workers are exposed to respirable silica annually, at over 6,000 job sites. Under this new ruling, employers are required to limit worker exposure and take steps to ensure that they are protected. OSHA created two standards, one is specifically for the construction industry, and the other is for general and maritime industries. Under the construction guidelines, employers are allowed to use a control method, which is set out in OSHA rules, or they can measure worker’s exposure independently. Irrespective of which method an employer chooses, all will be required to: Create and implement a written control plan. The plan will identify which tasks are particularly hazardous and employ methods to protect workers; Identify a competent person who will be in charge of implementing the plan; Restrict any housekeeping practices that expose workers; Provide medical exams to any worker that is required to wear a respirator for more than 30 days per year; Train workers on ways to limit exposure; and Keep records of worker exposure and exams. Recently, OSHA has announced a 3 month delay in enforcing this new regulation. While it was originally set to take effect in June, the scheduled start date is now September 23, 2017. OSHA has stated that additional time is necessary so that they can provide guidance to employers. The Construction Industry Safety Coalition said that while they are happy about the extension, they remain concerned about the feasibility and enforcement of the new regulation. They have suggested that the enforcement be delayed for one year. In the interim, the American Subcontractor’s Association recommends that business owners prepare for compliance. This entails developing ways to control silica dust and exposure. Read the Final Rule here.

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MSB Attorneys Named to Super Lawyers List of Top Attorneys

News / By

MSB Law’s founding members Rick Morefield, Andrew Speicher, and Stan Bachman were named to Super Lawyers’ Annual List of Top Attorneys in Kansas and Missouri for 2016.   Rick earned Super Lawyer distinction in the area of personal injury.  Andrew and Stan were honored as Rising Stars in the areas of personal injury and construction law respectively.  Our law firm is proud to have been recognized again by Super Lawyers and is thankful for this honor. The selection process for the top attorneys begins with peer nominations.   From there, nominated attorneys are evaluated by independent research in 12 key categories followed by panel review.   Only 5% of attorneys in Missouri and Kansas receive the Super Lawyers distinction while only 2.5% receive the Rising Star honor which recognizes attorneys under 40 or in practice less than 10 years. As someone who has known Rick, Andrew, and Stan for many years, I think this honor is well deserved. I see them every day devoting their full attention and experienced counsel to clients’ cases.  Equally as important, I see them as super people who put family and faith at the forefront of everything they do, provide a welcoming and collaborative work environment for their employees, and continually aim to give back to their community through pro bono services and volunteer events. Congratulations Rick, Andrew, and Stan!

Winter-driving

Who is At Fault for a Car Accident in Bad Weather?

Personal Injury / By

We all know Kansas City weather can turn on a dime. I was golfing a few weeks ago and scraping ice off the windshields last week. When winter weather strikes, it can catch Missouri drivers off guard. Black ice, rapidly changing road conditions, and limited visibility can contribute to drivers losing control and causing an accident, resulting in serious personal injury and even death. But who is really at fault for a car accident during snow or ice conditions? The nasty winter weather, or the driver operating the vehicle in that weather? Weather conditions are just one factor to consider in determining fault, and assessing your ability to recover, if you are injured in a car or truck accident during bad weather. Fault in Missouri is based on a finding of negligence against one or more drivers involved. Negligence regarding operation of a motor vehicle is defined as “the failure to use the highest degree of care”. R.S.Mo. § 304.012 – Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. Have you ever heard someone involved in a car accident during a snow or ice storm say, “There was nothing I could do! The roads were so slick!”? Despite what they may say or believe, slick roads are usually not the ultimate cause of an accident. Some other factors they may not be considering include: Was the driver caught in a snow or ice storm unexpectedly, or have the weather conditions actually existed all day? Was the driver following the car in front too closely for the conditions? Was the driver going too fast for the conditions on the roadway? Was the driver using his or her phone at the time of the accident? Are the driver’s vehicle and tires in good working condition for the winter weather roads? Although snow and ice are a factor to consider when determining fault, they are only one factor among many. An experienced personal injury lawyer will be able to ask the right questions to determine the relevant facts specific to your accident, and not let a negligent driver get away with blaming it on the weather.

give-back

Giving Back Through Volunteer Attorney Programs

Community Involvement / By

Improving access to legal services for low income individuals and families is a critical component of breaking the cycle of poverty for individuals and families in Kansas and Missouri.  All too often, families faced with a legal situation find themselves falling farther behind as they try to spread an already thin budget to pay legal fees, court costs, and even traffic fines.  Many do not know where to turn for help.  This is why MSB Law, LC wants to highlight organizations like Legal Aid of Western Missouri, which works tirelessly to break this cycle. In addition to serving their own clients, Legal Aid of Western Missouri, jointly with KCMBA, LAKC, and K.C. Bar Foundation, seeks to provide comprehensive legal services through their Volunteer Attorney Project (VAP) to individuals and families in Kansas and Missouri who need, but cannot afford, legal assistance.  Through VAP, eligible clients are referred to private attorneys for free legal assistance with housing related matters, guardianships, and family law cases, among others.  Attorney Andrew Speicher has been actively involved with VAP, representing pro bono clients in matters involving guardianships and warrant relief. It’s unfortunate, but children are regularly the ones that suffer the consequences of our poor decisions as adults.  When a parent is unable or unwilling to provide for their child’s needs, it usually falls to a well-intentioned grandparent or other family member to step in and pick up the slack.  But when that child needs to go to the doctor or be admitted to the hospital, or enroll in school, the child is often denied because the caregiver has no legal authority to make these decisions.  This is where volunteer attorneys can step in and serve by taking the caregiver through the court process of being appointed as Legal Guardian of the child, thus empowering the caregiver to make legal decisions for the child’s physical and financial health and well-being. Some of my most rewarding moments as an attorney have come at the end of a Hearing For Guardianship.  In that moment, the judge finally appoints my client as the legal guardian for her grandchild and now frees my client to get her grandchild the medicine she needs, or enroll her in school.  Without being appointed Guardian, the child would fall between the cracks.  But because of the opportunity to offer my services through the VAP programs, we can equip caregivers to provide these children with an opportunity to excel. – Andrew Speicher To give your time to the Volunteer Attorney Project, please visit http://lawmo.org/volunteer/volunteer-attorney-project/. You can also find similar programs through Kansas Legal Services http://www.kansaslegalservices.org.

TieOneOnforSafety

Make a Choice to End Drunk Driving Accidents

Wrongful Death / By

Drunk driving accidents are 100% preventable.  Even so, the National Highway Traffic Safety Administration reports that 10,265 people in the United States died from alcohol-related crashes in 2015.  That’s one every 51 minutes[1].  Think about that.  Every 51 minutes somebody else’s loved one will never come home again because someone chose to drink and drive.  The statistics are sobering or at least they should be. 1,411 people were injured in alcohol-related auto accidents in Kansas in 2014[2] 96 people were killed in alcohol-related auto accidents in Kansas in 2014 5,976 alcohol involved car accidents were reported in Missouri in 2014 including 249 fatality accidents[3] Personal injury and wrongful death attorneys Rick Morefield and Andrew Speicher have helped many individuals and families who have been seriously injured or lost a loved one because of the actions of a drunk driver.  We hope there’s a day when their services aren’t needed, but until then they can help victims and their families navigate the process of recovering the financial losses, and offer support to aid emotional recovery. As you celebrate this holiday season with your family and friends, make these simple choices to keep our Kansas and Missouri highways safer, and to finally end the senseless deaths and injuries suffered in drunk driving accidents. Designate a person in your group to stay sober and make sure everyone gets home safely. If you’ve been drinking, don’t drive. Call a cab or someone who has not been drinking to take you home. Put contact information for local cab and transportation companies in your phone so you always have it readily available. If you’re hosting a party, provide information to your guests for local cab and transportation companies, and provide non-alcoholic beverage options. 2016 marks the 30th Anniversary of MADD’s Tie One On For Safety campaign.  Visit their website for more information about what you can do to end drunk driving accidents. [1] http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html [2] https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burTransPlan/prodinfo/2014factsbook/Alcohol.pdf [3] http://www.mshp.dps.missouri.gov/MSHPWeb/SAC/crash_data_circumstance_960grid.html

RevoCup-South

Revocup South – Turning Spare Change into Meaningful Change

Community Involvement / By

If you like the MSB Law, LC law firm on Facebook, then you have probably seen us sharing events for our Overland Park, Kansas neighbor Revocup South. From musical performances to motivational speakers, there is always something going on next door at 11822 W. 135th St. But what we think is even cooler about Revocup South is what they do behind the scenes through the Revocup Foundation. The best coffee in the world is often produced by rural, desperately poor farmers who receive only a few dimes per pound for a crop that fetches between twenty and one-hundred times that amount at retail. Families lack the knowledge to properly, productively, and sustainably manage their land—while malnutrition, lack of potable water, and high rates of preventable disease further fuel this cycle. – www.revocupfoundation.org Founded by Habte and TG Mesfin in 2011, Revocup Foundation exists to improve the lives of coffee farming families and the communities they live in through education, health, and sustainable business initiatives. Board Chair, Michael Johnson, recently shared with me a couple of Revocup Foundation’s ongoing projects. Since 2011, the foundation has built and equipped 28 small libraries in rural Ethiopian farming villages with the goal to increase access to education and technology in the region. Revocup Foundation is also partnering with Holy Cross Lutheran Church’s Clean Water Ministry to improve access to clean, potable water. Ten cents of every cup of coffee sold and one dollar of every bag of coffee sold at Revocup Coffee House and Revocup Coffee House South is donated to the Revocup Foundation. Next time you’re in south Overland Park, stop in and say hello to Revocup South owner Michael Johnson. Enjoy a cup of some of the best Ethiopian coffee in Kansas City, and make a little bit of positive change in the world. At MSB Law, LC, giving back to Kansas City is one of our law firm’s core principles. That’s why we enjoy sharing information about other businesses and organizations that also make giving a part of their business goals and practices.

construction-work

Missouri Mechanic’s Lien – Subcontractors Protect Your Lien Rights

Construction Law / By

In Missouri, subcontractors, skilled laborers, and materials suppliers who are not paid for their work, have a right to file a Mechanic’s Lien against commercial real property for work performed or materials delivered to the project, when the work and/or materials was for purposes of improving upon the property.  Sounds simple enough right?  Almost but not quite.  Missouri sets very specific rules and deadlines that must be followed to avoid losing your right to lien against a property.  The best way to ensure your lien rights are protected is to start from the day you accept the project. Documentation and Info to Give Your Attorney For A Missouri Mechanic’s Lien A copy of the fully executed original contract which sets forth the scope of work to be performed and/or the materials to be supplied. The first and last dates work was performed on the project and/or materials were delivered to the job site.  Please be aware that the last date worked refers to the last date worked on the original contract, or under any fully executed extra work or change order that modifies the original contract.  Last date worked DOES NOT include days worked on punch list items.  This information is critical because the statute of limitations for filing a Mechanic’s Lien or Subcontractor’s lien is set based on the last date worked. Copies of invoices, extra work and change orders, delivery receipts, and timecards which support your first and last date worked.  A statement of account will prepared and filed with your Mechanic’s Lien Statement. Important Deadlines for a Missouri Mechanic’s Lien In Missouri, a subcontractor under contract with a general contractor or another subcontractor has (6) six months from the last date worked to file a Mechanic’s or Subcontractor’s Lien. Before the lien may be filed, Missouri construction laws require that a 10-day  notice be given to the owner(s) of the property where the work was performed and/or the materials were delivered.  Keep in mind that a title search will have to be performed to determine all legal owners of the property before proper service of the notice.  This will affect the timing of your notice.  Depending on what Missouri county the job site is in, this information could take up to two or three weeks to retrieve.  Unlike Kansas City where many title documents are readily available through on-line services, the smaller or more rural Missouri counties like Vernon or Henry will likely require a title report be obtained from a separate title company, which may delay things. The best rule for a subcontractor to protect its mechanic’s lien rights, is to document early and well, and contact your construction lawyer in plenty of time to meet the deadlines set by Missouri lien laws. The information above is specific to subcontractors, skilled laborers, and material suppliers on commercial projects, and under contract with a general contractor or other subcontractor.  Although the information may be useful to subcontractors on residential projects, or general contractors, there are other deadlines and notices that will apply based on the type of project. We encourage you to talk with a construction law attorney if you have specific lien questions about a project you are working.  An important note though, if you are working directly for the owner of the property, or a tenant, you must provide your lien notice at the very onset of the project, not at the end.  Again, consult your construction lawyer for specifics.

Texting-and-Driving-Causes-Car-Accidents-Period

Texting and Driving Causes Car Accidents. Period.

Personal Injury / By

The National Safety Council has designated April “Distracted Driving Awareness Month.”  Texting and driving has become one of the biggest distractions to drivers on Kansas City roads, and a growing number of car accidents are being caused by it.  The NSC says it’s time to Take Back Your Drive. The National Highway Traffic Safety Association previously estimated distraction to be a factor in only about 14 percent of all teen driver crashes.  But a March 2015 study by researchers with the AAA Foundation for Traffic Safety revealed that distracted driving is a factor in almost six out of 10 moderate to severe car accidents involving teenage drivers.  That’s four times the rate cited in many previous estimates.  The study examined in-car videos that showed what teen drivers were doing in the seconds before a wreck, and the results reinforced suspicions of Kansas City area traffic safety officials who believe distracted-driving incidents involving teens is greatly underreported.  Researchers studied almost 1,700 videos, and reported that distraction figured into 58 percent of the car accidents observed.  According to the researchers, the videos will make you cringe as you watch young people stare at cellphones or talk with friends while their cars drift back and forth between lanes, dart off the road or come up suddenly on vehicles ahead of them. Missouri’s Stance on Texting & Driving Currently, Missouri has a ban on texting and driving only for novice drivers (Missouri defines “novice driver” as a driver age 21 and under). If you get caught texting and driving in Missouri and you’re under the age of 22, you could receive a fine, reports Arrive Alive.  Legislation in Missouri is pending that would extend the ban on texting and driving to drivers of all ages.   Missouri has multiple campaigns dedicated to safe driving including Arrive Alive, sponsored by the Missouri Coalition for Roadway Safety. Kansas’ Stance on Texting & Driving Between 2009 and 2014, an average of 92 died each year in Kansas due to distracted driving, according to KDOT statistics. That means distracted driving contributed to nearly one in four fatalities. As a result, Kansas state law now prohibits drivers from using a cellphone to text or send emails.  A proposed Kansas bill also would prohibit drivers from talking on a cellphone but still allow use of a hands-free device, but the bill’s chances appear slim. Texting and Car Accidents – Fast Facts In 2012, more than 420,000 people were injured in crashes involving a distracted driver.[1] The US Department of Transportation recently noted that the use of cell phones while driving plays a role in 1.6 million auto crashes each year, causing 500,000 injuries and 6,000 deaths. In a recent study released by Virginia Tech Transportation Institute it was found that truck drivers are 23 times more likely to be involved in trucking accidents when using cell phones for texting. The study also showed that the risk was considerably higher for those dialing or texting than it was for those simply speaking on their cell phones.  Driving at only 55mph, you can cover the distance of a football field in the time it takes to glance at your phone for under 5 seconds.  And we all know the devastation that can occur in “the blink of an eye,” let alone in a full “5-mississippi.” If texting and driving has become a habit, it could take some time to get used to just focusing on the task of driving. While behind the wheel, you’ll need to make a conscious choice to not pick up your phone. You can turn your phone off and stow it in a place that can’t be reached, or you can rely on self-control. Ask your friends and family to keep you accountable as well. Share your no-phone pledge with them and ask them to check-in on you every week. There are numerous third-party Apps available for use by parents and adults, including ones that block texting while driving (Cellcontrol, Drive Safe Mode, Live2Txt), and others that encourage you to be an all-around safer driver (SafeDrive, Drivemode, Drivesafe.ly)  Some cellphone companies are also trying to do their part to help, including the AT&T DriveMode app for iPhone and the Sprint Drive First app for Android devices. Taking a stand to drive distraction-free is well worth it. Not only will you help make the roads a safer place for everyone, you just might save your own life. [1] “Distracted Driving – Key Facts and Statistics.” Distraction.gov. National Highway Traffic Safety Administration. http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html.

Drunk Driving Accident – The Party’s Over

Personal Injury, Wrongful Death / By

Nobody starts their night-out saying “I hope I hurt or kill somebody tonight in a drunk driving accident.” But if you or somebody you care about is choosing to drink and drive, these are the real consequences waiting on the other side of that decision.  Unfortunately, I’ve seen the devastating impact these consequences have had on our clients who have suffered personal injury, or the wrongful death of a loved one, at the hands of a drunk driver. Thankfully, many organizations are trying to do something about this epidemic.  The City of Overland Park, Kansas is taking one such step by having the Overland Park Police Department conduct a DUI Saturation Patrol on Thursday, May 5, 2016 from 10pm – 2am.  #dontdrinkanddrive In the recent past, organizations like The National Highway Traffic Safety Administration, MoDOT’s Traffic and Highway Safety Division, the Kansas Highway Patrol, the Missouri State Highway Patrol, and law enforcement from Missouri and Kansas have initiated programs like “Operation Impact” and “Choose Your Ride.”  Through these programs, these organizations illustrate the choices and consequences of drinking and driving to local students and residents through additional patrol cars, sobriety checkpoint vehicles, taxi cabs, and . . . a hearse on display.  They also choose the timing of their events to coincide with spring break for many universities and colleges, and when St. Patrick’s Day events and basketball tournaments are under way thus putting celebrating foremost on the minds of young drivers. One small way the attorneys and staff at MSB Law have chosen to help is by supporting Mothers Against Drunk Driving (MAAD) by participating in their “Walk Like MAAD” event on June 11, 2016.  Our goal is to raise $2,500 to go toward mission critical funds to put an end to the 100 percent preventable crime of drunk driving.  In addition to raising funds, Walk Like MADD also provides an outlet for those impacted by a drunk driving accident to channel their grief into hope and healing, and provides communities the chance to surround and support those hurting by taking action to prevent others from suffering because of drunk driving. If, like us, you want to take at least one small step to help stop this problem, you can start by: Making a donation now and help us reach our fundraising goal Walking alongside us and taking steps to stop this violent crime, or Spreading the word about Walk Like MADD using the hashtag #DrunkDrivingEndsHere. We hope you’ll join our efforts to put an end to drunk and impaired driving. Mothers Against Drunk Driving® (MADD) was founded by a mother whose daughter was killed by a drunk driver. MADD is the nation’s largest nonprofit working to protect families from drunk driving, drugged driving, and underage drinking. MADD also supports drunk and drugged driving victims and survivors at no charge through local MADD victim advocates and its 24-Hour Victim Helpline 1-877-MADD-HELP.

Motorcycle Accident: Does a Helmet Help My Case?

Personal Injury / By

We hear the question a lot.  “If I am injured in a motorcycle accident without wearing a helmet, can I still recover for my injuries, medical bills, and lost wages?  The answer depends on where the motorcycle accident happened. In Kansas, the law does not require motorcyclists to wear a helmet.  Therefore, no comparative fault can be assessed against the rider if the accident happened in Kansas. Still, it is wise to wear a helmet. Even though a Kansas jury cannot assess fault for failing to wear a helmet, it is not uncommon for members of the jury to carry some prejudice against a rider who chose not to wear a helmet.  This may cause the jury to have a lesser opinion of your claimed injuries and the resulting damages. Missouri law does require motorcyclists to wear a helmet. Therefore, if the motorcycle accident occurs in Missouri and the rider suffers injuries related to head trauma, the defendant can argue that the plaintiff was partially at fault for causing his or her own injuries and damages by not wearing a helmet.  A helmet-less rider that suffers traumatic brain injury, concussion, or other injury to his head as a result of the negligence or inattention of another driver may still be able to recover damages from that driver, including payment for medical expenses, but his/her total recovery could be reduced (sometimes significantly) by the percentage of fault assessed to the motorcyclist as a result of failing to wear their helmet. This is called “comparative fault.”  On the other hand, if the injuries were unrelated to the head, such as a fractured leg or a herniated spinal disc, then it is unlikely that any comparative fault would be assessed for failure to wear a helmet.