The Occupational Safety and Health Administration (OSHA), a federal agency which was created to help ensure safe and healthful working conditions for workers, reports the “fatal four” accidents in the U.S. construction industry:
Falls (36.5%)
Struck by an object (10.1%)
Electrocutions (8.6%)
Caught-in/Between (caught or crushed by equipment, structures, or materials) (2.5%)
The first category (falls) includes workers who have fallen due to unprotected sides or holes, improperly constructed walking or working surfaces, workers who have fallen off ladders, roofs, scaffolding, large skyscraper construction areas, etc., all due to failure to use proper fall protection. Working at any height is inherently dangerous. The United States leads the world in ladder deaths, most of which are from falls of 10 feet or less.
Although falls at worksites continue to occur at alarming frequency in the construction industry, with devastating consequence to the worker and their families, jobsite owners, contractors and their agents continue to fail in their duty to provide a safe worksite and proper fall protection. Fall Protection violations are the number 1 most frequently cited OSHA violation for 10 consecutive years as of 2020. Unfortunately, often times, the owner, employer and/or their agents prioritize “time” and “expense” over safety.
Section 240 of the New York Labor Law is often referred to as the “Scaffold Law” because it protects construction workers who work at heights and are at risk of falling. The statute places a non-delegable duty that renders owners, contractors and their agents liable regardless of whether they supervise or control the work for failure to provide proper protection from elevation-related hazards. This safety law further requires that those devices be constructed, placed, operated and maintained so as to give all the employees performing work on the project proper protection from hazards and injuries. Section 240(1), however, does not only apply when workers fall but can also apply when workers are injured as a result of other gravity related incidents such as falling objects.
To protect workers, proper fall protection and the right equipment for the job, including the right kinds of ladders, scaffolds, and safety gear, must be provided to prevent injury. Given the prevalence of fall related injuries, there are many safety measures, and specific safety equipment, that are mandatory depending upon the job. Jobsites and equipment must be routinely inspected by qualified personnel for safety hazards. Should building owners/contractors fail to take these necessary steps and you or a loved one suffer an injury, it is important that you contact an attorney immediately so that you can fully explore and understand all legal remedies available to you.
Sanocki Newman & Turret, LLP has been successful in handling all manner of construction law cases, including cases involving falls at jobsites, and has recovered fair and just compensation for injured clients and their families. Please call Sanocki Newman & Turret, LLP (212) 962-1190 for a free consultation to see if you are entitled to compensation.