Working on a construction site with an unprotected edge six feet or more above a lower level isn’t just dangerous; it’s legally regulated. Under federal OSHA standards, employers are required to provide fall protection systems to prevent falls.
If employers don’t provide the protections required by 29 CFR 1926.501 and a New York or New Jersey construction worker is hurt, the lack of protection may be central to their claim.
For almost half a century, Hofmann & Schweitzer has helped injured construction workers in New Jersey and New York fight for the fair recoveries they deserve. Now, we are here to help you protect your rights.
OSHA Fall Protection for Unprotected Sides Above 6 Feet in Construction
OSHA’s construction fall protection rule protects construction workers who are on walking‑working surfaces with unprotected sides and edges 6 feet (1.8 m) or more above a lower level.
Required Fall Protection Systems
Employers must implement at least one of the following once the 6-foot exposure exists:
- Guardrail systems
- Safety net systems
- Personal fall arrest systems (PFAS)
If standard methods are infeasible or create a greater hazard, employers must develop a site-specific fall protection plan and justify it in writing.
Why OSHA Fall Protection Matters
Falls remain one of the leading causes of death and serious injury in construction nationwide. OSHA routinely includes fall protection violations among its Top 10 most cited standards for construction sites.
OSHA’s fall protection requirements are designed to prevent these dangerous accidents.
In addition to providing physical protection systems, as described above, employers must:
- Train workers on recognizing fall hazards and using protective systems
- Document inspections, equipment maintenance, and protective measures
The failure to do so can result in falls that cause injuries such as severe sprains, lacerations, broken bones, head injuries, spinal cord injuries, or even death.
State Laws Also Require Fall Protection on Construction Sites
If a construction worker is hurt in a fall, OSHA regulations and state labor laws may be used to establish responsibility and pursue damages.
New York Labor Laws § 200, §240, and § 241 create state-level fall protection duties for property owners and construction contractors. Labor Law 240, known as the Scaffold Law, requires sturdy, properly secured scaffolding with full safety rails and adequate weight capacity. Labor Law 241 establishes safety rules for construction, demolition, and excavation sites, mandating the use of proper guarding, thick planking over openings, and safe site arrangements to protect workers from falls and other hazards. Additionally, New York Labor Law § 200 imposes a general duty on employers and site operators to maintain safe working conditions.
The New Jersey Public Employees Occupational Safety and Health Act gives government construction workers OSHA-like safety protections and allows them to take legal action against government entities and contractors when those safety rules are violated.
What to Do After a Construction Site Fall in New York or New Jersey
The steps you take immediately after a fall can impact both your physical recovery and your legal rights. Even if the fall seems minor, it’s important to treat every incident seriously, especially when it involves unprotected sides or elevated surfaces. Specifically, it’s often essential to:
- Seek immediate medical attention. Even if you can walk or talk, it's important to get checked by a medical professional. Internal injuries and head trauma aren’t always immediately apparent.
- Report the incident. Notify your site supervisor or employer as soon as possible. Request a written report and ensure that your version of the events is included.
- Document the scene. If you're able (or a coworker can help), take photos of the fall area, lack of guardrails, or missing safety gear. This visual evidence can be critical later.
- Collect witness information. Get names and contact details of coworkers or supervisors who saw the fall or can confirm the lack of protection.
- Avoid signing anything without legal advice. Don’t agree to any settlement or sign forms from an insurance company or employer until you’ve spoken to an attorney.
- Consult a construction accident attorney. An experienced New York or New Jersey construction lawyer can help protect your rights, preserve evidence, determine liability, and fight for your fair recovery.
If an employer failed to implement required fall protection systems and you were injured as a result, that violation can be compelling evidence of negligence and useful evidence in a construction accident case.
