Articles Posted in Construction Accidents

Over the last two years, 31 construction workers have died in New York City, an ominous downside to the city’s construction boom.  Critics of the lax regulations that have allowed construction sites to become so dangerous point to the decline of unions that once protected workers from hazardous conditions. According to the Department of Buildings, construction injuries increased by 250 percent between 2011 and 2015.

As evidence that the decline of unions has imperiled construction worker’s safety, the New York Times points out that 29 of the 31 deaths in the City over the last year were non-union construction workers. This sad statistic is not particularly surprising, though – according to the federal Occupational Safety and Health Administration (OSHA) non-union contracts make up 90 percent of the “Severe Violator Enforcement Program,” an involuntary program for habitual and serious offenders. Continue reading

Mayor Bill de Blasio and union leaders are set to increase the amount of training hours required for construction laborers. Under the new regulations, all workers will be trained between 54 and 71 hours and supervisors will be trained an additional 30 hours.

In addition, certain workers will be required to undergo “task specific training” which could total 242 hours of training. More specifically, any laborers who will be working in “confined spaces” will need two to 16 hours of additional training. Rigging safety and suspended scaffold workers will need an additional 16 hours of training, their supervisors will require an additional 32 hours. Ten hours of additional training will be required for “excavation, demolition, and perimeter protections.”

The move by City Hall comes in response to an uptick in injuries and deaths on construction sites. The New York Committee for Occupational Safety & Health recorded 25 construction fatalities in 2015, an alarming rise from the 17 recorded in 2015.  Mayor de Blasio is reportedly “very upset” whenever a fatal accident happens at a construction site. According to Politico, the Mayor “yells at staff whenever a death occurs.” Continue reading

Falls are becoming a more common cause of injuries in the construction industry. Between 2011 and 2015, the annual number of falls has increased by 36 percent – an increase from 781 falls in 2011 to 985 falls in 2015. According to the Center for Construction Research and Training, the rise in construction accidents is likely attributable to a rise in construction from an improving economy. From a demographic standpoint, these injuries are most common in Hispanic workers, foreign-born workers, workers over the age of 55, and roofers. Geographically, these injuries from falls are specifically concentrated in urban areas – such as Los Angeles and New York.

Hispanic workers are much more likely to die from construction-related accidents than non-Hispanic workers. In a survey by The Center for Construction and Research and Training, Hispanic construction workers have a fatality rate of 4.9 per 100,000 workers, while white non-Hispanic workers have a fatality rate of 3.0 per 100,000 workers. Foreign-born and older workers also have an elevated risk of dying on a construction site – at 3.7 deaths and per 100,000 workers. Workers over the age of 55 are the group most susceptible to falls – accounting for 31 percent of falls, at a rate of 8.1 per 100,000 workers.

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On January 30, 2007, Eddie Goodwin was on the fourth day of working to install wood paneling and molding at the Dix Hills Jewish Center in Dix Hills, New York when he was injured after falling from an unstable ladder. In preparing to lay the paneling, Goodwin had removed several fixtures from the walls – including two audio speakers. As the job was nearing its completion on the fourth day, a Rabbi employed by the temple asked Goodwin to re-install the speakers. Because rehanging the speakers would involve drilling holes and installing brackets, Goodwin used a ladder that was at the temple. After successfully installing the first speaker, Goodwin was in the process of installing the second speaker when the ladder “started swinging” and he subsequently fell from the ladder’s fourth rung and sustained injuries.

Goodwin sued the temple under New York Labor Law § 240 (1) which would hold the temple responsible for Goodwin’s injuries if Goodwin were damaged while “altering the building at the time of his accident.” The temple argued that because he was merely installing speakers, and therefore was not “altering” the building. On the other hand, Goodwin pointed to evidence of drilling holes and installing brackets as evidence that the speaker installation should be construed as an “alteration” of the building.

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