The Role of OSHA Regulations in New York Construction Accident Cases
The Role of OSHA Regulations in New York Construction Accident Cases
Construction site accidents are all too common in New York City. The types of injuries sustained in such incidents can have life-long repercussions. If you have been hurt in a construction accident, you may be facing a difficult recovery, emotional trauma, and financial hardships.
The Occupational Safety and Health Administration (OSHA) is a federal agency aiming to ensure safe working conditions across industries throughout the US. If OSHA violations caused you to suffer an injury in a New York construction accident, there may be serious penalties for the responsible parties. Additionally, OSHA violations may warrant pursuing a construction injury lawsuit.
In this article, we will take a closer look into OSHA’s construction workers’ rights and protections as well as common OSHA violations. We will also discuss how an OSHA citation may impact your construction accident case.
Understanding OSHA Construction Industry Rights and Regulations
OSHA has instituted a number of regulations governing construction site safety. These construction industry standards are regularly revised and updated. Workers are entitled to a safe workplace free of known health and safety hazards.
OSHA wants to protect workers by giving them the right to:
- Receive workplace health and safety training in a language you understand
- Work on machines that are safe
- Refuse to work in a situation in which you would be exposed to a hazard
- Receive required safety equipment, such as gloves or a harness and lifeline for falls
- Be protected from toxic chemicals
- Request an OSHA inspection and speak to the inspector
- Report an injury or illness, and get copies of your medical records
- Review records of work-related injuries and illnesses
- See results of tests taken to find workplace hazards
- Speak up about hazards without fear of retaliation
OSHA general regulations apply to most private sector and some public sector employers as well as their workers. Failing to uphold the safety code and employees’ rights can have grievous consequences for all involved.
Frequently Seen OSHA Violations
According to the US Bureau of Labor and Statistics, construction had the most fatalities among all private industry sectors in 2023. Regrettably, a number of these deaths could have been avoided had safety standards been followed.
OSHA publishes an annual list of the 10 most frequently cited standards following worksite inspections for all industries. Violating these standards brings to light the hazards faced by numerous construction workers.
The 10 most frequent safety and health violations in 2023 were:
- Fall protection: In many instances, construction employers fail to provide the required fall protection equipment. These include safety harnesses, safety nets, guardrails, handrails, and stair railings.
- Hazard communication: Chemical manufacturers are required by OSHA to prepare safety data sheets (SDS) and labels listing hazard information. Frequent violations include improper labeling, failure to maintain SDS, and inadequate training.
- Ladders in construction: Ladders must be inspected regularly for structural defects and replaced if damaged. Common violations include failing to ensure the ladder could support the weight, using ladders on uneven surfaces, or using ladders for unintended purposes.
- Scaffolding: Some common breaches of scaffolding regulations include structural instability, insufficient weight capacity, improper guardrails, and improper platforms.
- Powered industrial trucks: This refers to forklifts or lift trucks, among others. Employers have received citations for failing to properly train, license, and evaluate operators or for not displaying vehicle capacities.
- Control of hazardous energy (lockout/tagout): Energy sources, including electrical, chemical, mechanical, hydraulic, thermal, or pneumatic energy in machines could be released and be hazardous to workers. It is critical to establish control programs, train workers, and use lockout/tagout equipment properly.
- Respiratory protection: Employers are responsible for training workers regarding the hazards of toxic fumes, gases, and vapors. Workers must be provided with personal protective equipment (PPE).
- Fall protection: This standard refers to the failure of employers to train construction employees adequately on fall protection.
- Eye and face protection: This refers to construction workers’ failure to use proper PPE. These may include safety glasses, face shields, earplugs, and respirators.
- Machinery and machine guarding: OSHA requires conscientious safeguarding of any moving machine parts that could potentially cause injury. Employers have been cited for failing to install or incorrectly installing safeguards.
Properly implementing and following OSHA regulations can be a matter of life and death. If you have been injured or a loved one has died on a New York construction site, an experienced construction accident lawyer can advocate for you. He or she can investigate to determine whether OSHA standards were broken and ensure that all responsible parties are held accountable for your losses.
How OSHA Enforces Construction Site Standards
OSHA endeavors to protect construction workers by regularly inspecting construction sites. Right of Entry regulations have been instituted. These allow OSHA inspectors to ensure that federal laws and safety rules are enforced.
OSHA has the authority to cite employers for safety violations and to require that problems be corrected. Repeated or severe violations by construction companies and others can result in large fines and work-stop orders.
OSHA’s Construction Accident Reporting Requirements
Employers are legally required to promptly report serious injuries or fatalities to OSHA. An in-patient hospitalization, amputation, or eye loss must be reported within a very limited time frame. Reporting a workplace fatality is normally required within several hours of the incident.
An OSHA inspector will review the construction employer’s operations. Through a worksite investigation, any safety hazards will be documented. Furthermore, OSHA may investigate construction sites in response to complaints from workers that the company is breaching workplace safety standards.
The results of an OSHA investigation can significantly impact the results of a construction accident case in New York City. OSHA’s findings of willful noncompliance with federal laws and citations for violations can be used as evidence in a personal injury claim.
Seeking Compensation After a New York Construction Injury
An OSHA violation is a serious matter. Construction workers deserve just compensation when employers fail to uphold health and safety standards.
While workers’ compensation benefits generally provide medical and disability coverage to injured workers, there may be other avenues of restitution. Depending on the circumstances and severity of your work accident, you may be eligible to pursue a personal injury claim for additional compensation.
Injured construction workers may qualify for compensation for such things as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Disability benefits
- Emotional pain and suffering
- Wrongful death benefits
Construction accident cases can be complicated. It is advisable to consult an experienced personal injury lawyer after sustaining serious injuries. Your attorney can use his or her know-how and resources to pursue every avenue of compensation available.
Contact New York Construction Accident Lawyers Who Care
Construction site injuries can be terrifying. In New York State, employers are required to uphold OSHA standards for all construction workers. Recovering from a serious workplace accident can seem like an uphill battle – this is no time to go it alone.
The professional and compassionate construction accident lawyers at Hill & Moin LLP are the champions you need after a New York construction site injury. Our legal team well understands OSHA laws and regulations and how they apply to injury cases across the construction industry. When we take your case, we will do all in our power to ensure that all parties are held liable for unsafe workplace conditions.
At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 or filling out our online contact form to schedule a free case evaluation.
Don’t wonder about your rights!