Falls are an ever-present hazard for New York construction workers, especially those working on the construction of multi-story buildings. A simple trip or lost footing can cause fatal injuries to construction workers at extreme heights, so state and local authorities have created regulations to prevent as many of these injuries as possible.
Labor Law Section 241(6) Protections Through New York Industrial Code 12 NYCRR Section 23 Rules for Flooring
NY Labor Law 241 requires owners and contractors to make construction sites as safe as possible for workers. Under Section 241(6), owners and contractors have a duty to comply with any rules made by the Commissioner of the Department of Labor to carry out the provisions of the law.
The Department of Labor has created specific construction safety rules in Part 23 of the New York Industrial Code to protect people employed in construction, demolition, or excavation work. Part 23-2.4 dictates the rules for permanent and temporary flooring in new construction projects.
Part 23 provisions for flooring include:
Permanent Flooring Requirements
The permanent floors of skeleton steel construction in tiered buildings or other structures shall be installed as soon as possible as the erection of structural steel members progresses. There must never be more than eight stories, floors, or equivalent levels (or 120 feet, whichever is less) between the erection floor and the uppermost permanent floor.
Use of Tower Cranes or Derricks
When temporary flooring in skeleton steel construction in tiered buildings is erected by a tower crane or derrick, the erection floor must be covered over the entire surface except for access openings. This flooring shall be of the proper strength to support the working load that will be imposed on it. This temporary flooring shall be laid tight and secured against movement. There must also be a tight and substantial floor within two stories (or 30 feet, whichever is less) below and directly under that portion of each tier of beams on which work is being performed. The floor must be of the proper strength to support the working load, and must be constructed of planking at least two inches thick full size (or material of equivalent strength) as a minimum.
Use of Ground-Supported Cranes
Where temporary flooring in skeleton steel construction in tiered buildings is erected by means of a crane operating on the ground, grade or equivalent surface, a floor must be installed within two stories (or 30 feet, whichever is less) below. The floor must be tight, secure, and substantial, and be installed directly under the portion of each tier of beams on which work is being performed. This floor shall consist of planking at least two inches thick full size (or of material of equivalent strength). As an alternative, an approved life net installed in compliance with Part 23 may be used as an alternative to such floor, as long as the life net is located not more than two stories (or 30 feet, whichever is less) below and directly under the portion of each tier of beams where work is being performed.
One-Story Construction
In the erection of one-story skeleton steel buildings or structures where the clear vertical height of such building or other structure is 30 feet or more, temporary flooring must meet similar requirements as those for tiered construction.
Wood Flooring and Bar Joists
When building any other type of structure that has double wood floor or bar joist construction, the rough flooring must be completed as the construction of the structure progresses, including the tier below the one on which the wood floor joists or bar joists are being installed. In the construction of a structure with single wood flooring or any other flooring system, the floor immediately below the story where the floor joists are being installed must be kept covered. This flooring shall be at least two inches thick full size (or of material of equivalent strength) and be laid tight and secure.
Have You Been Injured While Working On A Construction Site?
If you've been hurt while working at your construction job you need to speak with an experienced construction accident attorney as soon as possible. Please feel free to contact us online or call our New York City law office directly at 212.465.8840 to schedule your free consultation.
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