In 2023, 421 of the 1,075 recorded deaths in the United States construction industry were due to falls, and according to the Occupational Safety and Health Administration (OSHA), these construction fall deaths were preventable.
Construction workers often work at great heights on scaffolding, ladders, or rooftops. A slight distraction, lack of safety gear, and other mistakes can cause a catastrophic fall. Accordingly, it’s essential to understand why construction falls happen, what can be done to prevent them, and what to do if you’re hurt in a New York or New Jersey construction fall accident.
Why Construction Falls Happen
Identifying common fall risks can help prevent dangerous accidents. These risks include, but are not limited to, the following:
- Unprotected edges. Construction workers often work near unprotected sides and edges, such as those found on rooftops or elevated platforms. Workers risk falling over the edge without proper guardrails or personal fall arrest systems.
- Unsecured ladders. Ladders are essential tools on many construction sites, but can also be dangerous if not used properly. Ladders that are not secured, placed on uneven surfaces, or used for tasks they weren't designed for can easily tip over, causing the worker to fall.
- Faulty scaffolding. Scaffolding provides a temporary platform for workers to perform tasks at height. However, it can collapse if the scaffolding is overloaded, not inspected for damage, or not set up correctly.
- Unguarded floor openings. Construction sites often have floor openings, such as those for stairwells or elevator shafts. Workers can easily step into them and fall if these openings are not adequately covered or guarded.
Additionally, construction sites can be cluttered with debris, creating tripping hazards. Workers can easily stumble over loose materials, tools, or equipment left lying around and suffer fall injuries.
Implementing Effective Fall Prevention Measures
Preventing falls on construction sites requires a multi-faceted approach that involves workers and employers. Here are some key steps that can help reduce the risk of falls:
Providing Proper Safety Equipment
One of the most critical aspects of fall prevention is ensuring workers have access to the appropriate safety equipment, such as:
- Personal fall arrest systems (PFAS), such as harnesses and lanyards
- Guardrails around unprotected edges
- Safety nets to catch falling workers
- Secure ladders and scaffolding
Employers are responsible for providing workers with the necessary safety equipment and ensuring that it is in good condition and used properly.
Offering Comprehensive Safety Training
In addition to providing safety equipment, employers must also offer thorough safety training to all workers. This training should cover:
- Proper use of safety equipment
- Identification of fall hazards
- Safe work practices at heights
- Emergency response procedures
Regular refresher training should also be provided to ensure workers remain up-to-date on the latest safety protocols.
Conducting Regular Safety Inspections
Construction companies should conduct regular safety inspections of the job site to identify and address potential fall hazards. This may include:
- Inspecting scaffolding and ladders for damage or instability
- Ensuring that floor openings are adequately covered or guarded
- Checking that workers are using safety equipment correctly
- Verifying that safety protocols are being followed
By proactively identifying and correcting fall hazards, construction companies can create a safer work environment for everyone on the job site.
New York and New Jersey Construction Laws
New York and New Jersey have laws to protect construction workers from fall hazards and other on-the-job dangers.
In New York, Labor Law Sections 200, 240, and 241 provide essential protections for construction workers. Specifically:
- Labor Law Section 200 is a general workplace safety provision that requires employers to provide a safe work environment and properly maintain equipment and devices. This includes taking reasonable steps to prevent fall hazards.
- Labor Law Section 240, also known as the "Scaffold Law," provides specific protections for workers engaged in elevation-related work activities. It requires employers to provide proper safety devices, such as scaffolds, ladders, and hoists, to prevent falls. If a worker is injured due to a violation of this law, the property owner and general contractor can be held strictly liable.
- Labor Law Section 241(6) requires employers to comply with the New York State Industrial Code, which sets forth specific safety standards for construction, demolition, and excavation work. This includes regulations related to fall protection, scaffolding, and other equipment.
Additionally, 12 NYCRR Section 23 provides additional fall protection for construction workers, including:
- Falling hazards (12 NYCRR Section 23-1.7)
- Safety rails (12 NYCRR Section 23 – 1.15)
- Safety belts, harnesses, tail lines, and life lines (12 NYCRR Section 23-1.16)
- Life nets (12 NYCRR Section 23 – 1.17)
- Ladders and ladderways (12 NYCRR Section 23 – 1.21)
- Flooring, including temporary flooring (12 NYCRR Section 23 – 2.4)
- Stairway requirements (12 NYCRR Section 23 – 2.7)
- Scaffolding (12 NYCRR Section 23 – 5.1)
In New Jersey, the New Jersey Construction Safety Act requires employers to provide a safe workplace and to comply with safety standards set by the Commissioner of Labor and Industry.
What to Do if a Fall Occurs
Despite the best prevention efforts, falls can still happen on construction sites. If you or a loved one has been injured in a construction fall, it's essential to take the following steps:
- Seek medical attention immediately, even if the injuries seem minor
- Report the incident to your employer
- Document the incident thoroughly, including any witness statements, photographs of the scene, and medical records
- Contact an experienced construction accident lawyer who can help protect your rights and fight for the compensation you deserve.
Together, we can fight for your fair and full compensation.
