Articles Posted in Slip And Falls

A new study published online in JAMA Network Open finds that construction workers may be at high risk of Covid-19 infection. Conducted by researchers at The University of Texas at Austin and the Santa Fe Institute, the study asked whether construction work is associated with increased community transmission of Covid-19 as well as disproportionate fatalities in US construction workers. It examined hospitalization data in central Texas, finding that “construction workers had a nearly 5-fold increased risk of hospitalization in central Texas compared with other occupational categories.” Its authors conclude that this does not mean construction work must be halted, but that workplaces should take seriously the necessary safety measures and paid sick leave policies to protect vulnerable essential workers.

As the study notes in its introduction, early in the pandemic policymakers across the US differed in their views on the essentiality of construction work: “Boston, New York, and San Francisco severely restricted allowable projects. Other cities and states deemed commercial and home construction essential. Most of the nation’s 7.3 million construction workers remained employed throughout April and May of 2020, representing 4.5% of the labor workforce, ranging from 1.8% in the District of Columbia to 10.5% in Wyoming.” The authors note that because construction workers operate in close physical proximity to each other, construction sites have a higher than average risk of Covid-19 transmission. And because “Latinx populations are overly represented among construction and essential industries,” they have higher rates of exposure too, which are “compounded by prevalent high-risk comorbidities and lack of access to health care.” According to the authors, the combination of these risks is probably partly responsible for the higher rates of COVID-19 infection and fatality in Latinx communities.

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How can construction sites maximize safety during the Covid-19 pandemic? A new column in the Philadelphia Business Journal offers lessons and best-practices from Philadelphia-area job ites.

According to the column, that city’s chapter of the General Building Contractors Association started putting together safety protocols early in the pandemic, and took input from other industry stakeholders like the Building Trades Safety Committee, Med-Tex Services, and the Eastern Atlantic States Regional Council of Carpenters. The coalition met via weekly digital conferences to identify key safety issues and how to deal with them. Said one member of the group, “In a matter of weeks, the group put together a program that every building trades member and contractor in the region, or anywhere in the country, could use.”

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Centers for Disease Control (CDC) data show that 81% of construction worker injuries that result in emergency room visits involve a ladder, according to a recent report by Construction Dive. As falls are a leading cause of construction site injuries in the United States, experts are interested in studying how to make them safer. That’s why the National Institute of Occupational Safety and Health has given a grant of $1.8 million to Kurt Bescorner, associate professor of bioengineering at the University of Pittsburgh’s Swanson School of Engineering, “to develop safer ladder designs and explore individual risk factors for ladder falls.”

Bescorner’s research “will focus on measuring friction as the pathway for the ladder and individual to influence slip and fall risk,” according to a press release by the university. He said in a statement that “A slip happens when there is insufficient friction between the shoe surface and ladder rung, but little is known about how ladder design or an individual’s body affects slip and fall risk.”

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A July 27 report by Construction Dive detailed some of the heftiest citations levied against construction job sites in Q2 2020 by the Occupational Safety and Health Administration, which inspects workplaces for safety compliance and takes enforcement action against violators. OSHA’s Q2 citations include actions for fall safety, the improper use of hydraulic excavators, and a fall resulting in death. They range from $134,937 to $234,642.

The largest action was taken against Columbus, Ohio contractor Alejandro Vasquez Gallegos. OSHA inspections found alleged safety violations including “workers on roofs without sufficient fall protection, employees without safety glasses and workers using ladders improperly,” according to Construction Dive. The inspectors observed these violations at two separate construction sites. It proposed fines of $141,222 and $95,420, totaling $236,642. The contractor has not contested these citations.

The second largest action was taken against Pacific, Missouri firm Unnerstall Contracting Co. LLC. According to OSHA records and Construction Dive, a December 2019 inspection found that one of the firm’s workers sustained an injury when a trench collapsed, and OSHA subsequently issued the firm “four serious and three willful citation violations,” with proposed fines totaling $224,459. OSHA also added Unnerstall to its Severe Violator Enforcement Program. OSHA records docuent allegations that the firm failed to properly protect its trenches, permitted water to accumulated in the trench floor, did not offer a safe exit path from the trench, failed to protect employees from struck-by hazards, and permitted employees to ride in heavy equipment buckets. The firm is contesting OSHA’s citations.

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Amid a long-running construction boom in New York, the Department of Buildings (DOB) sent a message to construction companies and contractors by cracking down on habitual offenders with a round of “surprise inspections.” The DOB’s new commissioner took action against the construction industry during his first few days on the job. “Every worker should be thinking about safety first,” Acting Buildings Commissioner Thomas Fariello told WNYC, “It’s not just a saying, it’s real.”

The DOB has been roundly criticized for failing to protect the workers in New York’s most dangerous industry. In April, three construction workers died while on the job. In the same month, the DOB delayed implementing new safety regulations for the second time since the law passed City Council in 2017. The city-run agency said it had insufficient resources to draft and enforce the regulations.

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A new government report on the construction industry shows serious defects in compliance across the state. Released by Senator James Skoufits, he says the report shows that, “Firefighters are going to die. Tenants are going to die if the state and local officials do not start prioritizing code enforcement.” According to the Senator’s ‘bombshell’ report, the problems with regulating the industry are widespread and involve everyone from the executive branch to the local municipalities.

Released in August 2019, the report details serious dangers with the state’s construction industry. According to NBC New York, the report specifically faults:

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The Department of Buildings (DOB) is suing to revoke the license of a contractor allegedly responsible for the death of a construction worker earlier this year in Turtle Bay. According to The New York Daily News, Nelson Salinas was working on scaffolding halfway up a 14-story residential building when a coping stone was knocked loose by rigging used to support the scaffolding. The stone hit Salinas in the head and he was rushed to New York Presbyterian/Weill Cornell Medical Center where he died from the injuries

After a full investigation, the DOB says the fault lies with Wlodzimierz Tomczak and is now attempting to revoke his special rigger license over the incident. According to the DOB, Tomczak “did not take proper precautions” and could not produce “multiple inspection records… related to the scaffold setup.” 

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Slip and fall accidents are an unfortunate, common occurrence and can sometimes lead to serious injuries. While determining who is at fault in a slip and fall accident can depend on several different factors and circumstances, there are a few guideposts to help you determine who may be responsible for your damages.

In short, whoever behaved “unreasonably” will be at fault. The long explanation, however, is predictably more complicated. Recognizing that the world is an unsafe place, the law does not exclusively assign guilt to one person or company in every circumstance. Instead, it expects everyone to behave in a reasonable manner.

slip-and-fall-1So, what is “unreasonable” behavior under the law? The best way to explain this is with an example. Imagine that you are working in a restaurant and you see someone slip on a drink that has been spilled on the floor. Now imagine that the drink was spilled an hour ago and numerous restaurant workers passed by and did nothing. Also, the person that slipped? He is a nine-year-old child. It seems obvious that the restaurant behaved unreasonably when it did not fix the problem it clearly was aware existed. Continue reading

Brooklyn’s Barclay Center has seen at least four lawsuits concerning the seats in Brooklyn’s most famous sports arena. The seats in the so-called “nosebleed” section are usually the cheapest, and now, according to lawsuits, also the most dangerous. Apparently, the steps are so steep that people are prone to miss a step and come crashing into other concert-goers or sports fans. The problem, generally compounded by drunken fans or concert attendees, has spurred four lawsuits against the arena.

The problem first came to the attention of Barclay’s Center almost as soon as the arena opened. During one of the high-profile Jay-Z concerts that inducted the new arena in 2012, Sara Smith of Manhattan sued the facility after a drunken man walking on the steps behind her lost his footing and fell on top of her. This “sent her flying.”

fall-down-steps-300x169According to a court transcript obtained by the New York Post, Smith told the court, “My face struck the railing. My legs were all bruised, and you know, everything hurt at this point, so I didn’t know what I had broken. I was just really scared.” Smith ended up with a broken wrist and settled the case out of court for an undisclosed amount. Continue reading

Despite its reputation for progressive politics, New York City is failing its residents with physical disabilities. While the subway has long created a nightmare of obstacles for New Yorkers with special needs, sidewalks are also becoming an increasing problem for the city.

Disability advocates point to two main problems with the city’s sidewalks. First, there are an insufficient amount of so-called “curb cuts.” Curb cuts are the term used for the are where the concrete sidewalk becomes level with the asphalt on the street.  For individuals with walkers or wheelchairs, the steady and smooth decline into the street is necessary for their safety. If the curb cut has a large bump or cracks, wheelchairs can be more difficult to navigate, imperiling the safety of the person as he or she attempts to safely cross the street. Continue reading

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