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Fall Protection for Residential Construction Workers

From 1995 – 2010, residential construction employers were exempt from providing conventional fall protection safeguards for their employees. Residential construction employers had persuaded OSHA that compliance was infeasible or burdensome. During that time many residential construction workers were injured or killed in construction fall accidents.

In December 2010, OSHA issued a new directive requiring construction employers to protect residential construction workers from falls. Pursuant to the new directive, workers who are working six feet or more off the ground in residential construction must be protected by fall protection measures to decrease the likelihood of injuries and fatalities.

The General Rule for Residential Fall Protection

Generally, it is expected that residential construction employers will provide workers with standard fall protection measures such as guard rails, safety net systems and personal fall arrest systems or fall restraint system. Other specific types of measures may be allowed or necessary for certain types of work.

The Exceptions to the Rule

If the construction employer can prove that conventional fall protection systems are either infeasible or too dangerous, then the employer may create a written site specific plan concerning how to prevent falls for a specific job site. The plan must document why conventional fall protection procedures are infeasible or dangerous.

What to Do After a Residential Fall Accident

If you have been hurt in a residential construction fall accident, or if your loved one has been killed, then you may be entitled to damages for medical expenses, rehabilitation expenses, funeral expenses, out-of-pocket expenses, lost income and pain and suffering.

Contact the experienced New Jersey and New York construction injury lawyers at Hofmann & Schweitzer for more information. Our lawyers will work hard to get you the damages that you deserve. We can be reached at 1-800-362-9329 or via our online contact form for more information.

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