New York Construction Worker Safety Code

At Hill & Moin, we know that when you go to work in New York, the last thing on your mind may be the risk of a work-related injury. Yet, according to The National Safety Council, every 7 seconds, a worker is injured on the job. 

To prevent such accidents, OSHA requires that employers provide a safe working environment on construction sites for every worker. Unfortunately, there may have been safety code violations that contributed to your injury.

If you or someone you love has experienced an on-the-job injury in New York City or throughout the state, we want to hear from you. Our New York lawyers can review your case carefully and help you determine how to pursue compensation for injuries. Please contact Hill & Moin today at (212) 668-6000 to learn your legal options.

What Exactly is OSHA and How Does It Protect You?

The Occupational Safety and Health Administration (OSHA) was established by Congress as part of the United States Department of Labor in 1970. OSHA standards are published in Title 29 of the Code of Federal Regulations. Its purpose is to set and enforce workplace safety standards, thus preventing workers from being injured or killed. The code covers the entire US, not just New York.

When an injury or fatality, or even a “close call,” occurs at work, OSHA steps in by strongly encouraging employers to conduct a full investigation. The purpose of this investigation is to find the root cause of why the incident occurred. This information helps to implement changes to prevent potential future incidents.

OSHA and its agencies also conduct regular inspections of some 8 million workplaces. If employers are found to be in violation of OSHA’s safety and health standards, they may face serious consequences. In addition, a construction worker may file an anonymous complaint to request an OSHA inspection if he or she believes a serious hazard exists or that the employer is not following OSHA standards.

Further, in keeping with its mission of a safe work environment, OSHA requires employers to provide training for workers. This is especially important in the construction field. To assist with this, OSHA creates training materials, issues grants, and uses educational centers. 

Also, OSHA’s requirements and notices must be posted in the building or at the construction demolition site. This is partly to keep all workers well informed. OSHA wants to make sure that each construction worker is safe at work, whether inside buildings or on construction demolition sites. 

This is why it is important to talk to one of our qualified lawyers, if you, as a construction worker, are injured on the job in New York. He or she can help investigate your case and strengthen your claim so you may receive proper compensation for the injuries that you or your loved one sustained.  

Most Common OSHA Violations

Every year OSHA publishes a list of the top safety and health violations. The 10 most common for 2019 are: 

1. Fall protection: Falls may be the most common root of construction work-related serious injuries and deaths. In fact, they are so common that fall violations are mentioned twice on OSHA’s list. Construction employers frequently fail to provide required fall protection equipment including safety harnesses, safety nets, guardrails, handrails, and stair railings. 
2. Hazard communication standard: Chemical manufacturers are required by OSHA to prepare safety data sheets (SDS) and labels listing hazard information. Employers have a responsibility to educate and train their employees on handling hazardous materials. Frequent violations include improper labeling, failure to develop or maintain safety data sheets (SDS), and inadequate training. 
3. Scaffolding: OSHA requires employers to take measures to provide adequate protection to construction workers on scaffolds. A competent person must supervise the erection and safe use of scaffolds to ensure safety standards are in place. Some common violations include structural instability, insufficient weight capacity, improper guardrails, and unsuitable platforms. 
4. Control of hazardous energy (lockout/tagout): This standard refers to the control of hazardous energy (electrical, chemical, mechanical, hydraulic, thermal, or pneumatic) that could release and harm construction workers. Several employers were cited for failing to establish control programs, to train workers, or to use lockout/tagout equipment properly.  
5. Respiratory protection: Construction workers have a right to be protected from dangerous and lethal sprays or particles, such as toxic fumes, gases, and vapors. Employers are responsible for training workers regarding these hazards and providing them with personal protective equipment (PPE). 
6. Ladders (in construction): Ladders must be inspected regularly for structural defects and replaced if damaged. Construction employees must also be trained on the proper use of ladders. Common violations include failing to ensure the ladder could support the weight, using ladders on uneven surfaces, or using ladders for unintended purposes. 
7. Powered industrial trucks: “Powered trucks” refer to forklifts, tractors, ride-on pallet jacks, motorized hand trucks, and platform lift trucks, among others. Employers have received citations for failing to train, license, and evaluate operators, or for not displaying vehicle capacities. 
8. Fall protection: Differing from the first standard of fall protection, this standard refers to the failure of employers to train construction employees on fall protection. Citations include failing to properly train each worker required to receive it, tp certify training in writing, and to retrain when required. 
9. Machinery and machine guarding: OSHA requires careful safeguarding of any machine parts or functions that could potentially cause injury. Conveyor belts, air compressors, and other types of machinery must have proper protections in place. Employers in the construction field have been cited for failing to install or incorrectly installing safeguards.  
10. Eye and face protection: This standard refers to the use of proper PPE used by construction workers which may include safety glasses, face shields, earplugs, and respirators. Employers have been cited for failure to protect their employees against such things as flying particles, chemical burns, and radiation exposure. 

These code violations highlight that OSHA takes very seriously the safety of construction employees. Not only are employers responsible for correcting known hazards, but they are also required to record and notify OSHA of any significant workplace injuries or illnesses. The work environment must be kept to code. It is the construction employees who suffer when an employer fails to follow OSHA’s regulations. 

If you or your loved one has suffered a construction work-related injury or illness due to unsafe conditions or unmarked hazards, contact us today at (212) 668-6000 for a free consultation with an attorney. When you have the experienced personal injury lawyers of Hill & Moin LLP in New York on your side, you may be confident that your future is secure.   

Types of Compensation You May Be Entitled To As a Construction Worker

Think about it – week after week, you or your loved one may have devoted many hours of life to further the cause of the construction company in New York. It is only right that you receive proper compensation for a work-related injury that may result in life-changing circumstances. 

If your injury was due to a failure of your employer to follow OSHA’s regulations, don’t let yourself become just another statistic. Please contact the lawyers at Hill & Moin LLP in New York City to get legal guidance.

We feel a personal obligation to assist you with pursuing full compensation for your work-related injury, including:

• Medical expenses
• Lost wages
• Disability benefits (temporary or permanent)
• Compensation for emotional pain and suffering
• Wrongful death benefits

Get Your Case in Good Hands Before Time Runs Out

In 2018, workplace injury costs totaled $170.8 billion. In many cases, if the employer had taken appropriate measures in line with OSHA’s regulations, an injury could have been prevented. 

We want to hear from you as soon as possible, to get your case going before the statute of limitations runs out. A qualified lawyer can help arrange an investigation to make sure that you receive compensation for the injuries you sustained in your workplace incident.   

New York State indeed requires construction employers to hold workers’ compensation insurance for their construction employees in case of work-related injuries. However, not only may the insurance adjuster seek to minimize the cost of your claim, but your employer’s negligence regarding OSHA’s regulations may entitle you to a third-party claim as well. 

Regardless of your immigration status, you have rights under workers’ compensation law in New York. There is no need to fear. Hill & Moin stands by your rights and wants to help you get the compensation you need when we take on your case.

Never settle without consulting a lawyer! Remember that the empathetic lawyers at Hill & Moin LLP in New York City stand ready to hear your story. As some of our clients like to say, with us, “It’s like having a lawyer in the family.”

So don’t wonder about your rights as a worker. Contact us today at (212) 668-6000 for a free consultation with an attorney to learn your Personal Injury Recovery SolutionsⓇ.