Occupational Health and Safety Administration (OSHA) construction violations aren't just regulatory concerns—they represent real dangers that threaten the lives and livelihoods of New York and New Jersey construction workers.
Maybe guardrails on the tenth-floor scaffolding at your construction site were missing, fall protection equipment was damaged, or another critical regulation was violated. When construction companies cut corners on safety compliance, the consequences often fall squarely on workers' shoulders in the form of devastating injuries.
At Hofmann & Schweitzer, our construction injury attorneys understand how OSHA construction violations directly impact workplace safety and worker protection, and we fight to get injured construction workers the full and fair recoveries they deserve.
OSHA Construction Violations in New York and New Jersey
OSHA establishes critical safety standards that construction companies must follow. Violations of these standards can impact New Jersey and NYC construction site safety. Below are five common examples of violations that lead to OSHA injury claims:
1. Fall Protection Failures
Several OSHA regulations, collectively known as Subpart M, establish fall protection requirements on construction sites. Generally, employers must provide adequate guardrails, safety nets, or personal fall arrest systems at heights of six feet or higher. When contractors neglect these crucial protections, workers face potentially catastrophic falls that can result in permanent disability or death.
2. Scaffolding Violations
OSHA Standard 1926.451 requires scaffolds to support their weight plus four times the maximum intended load without failure. Construction companies may cut corners by using damaged scaffolding components or failing to provide proper access. These violations create precarious working conditions where entire structures can collapse without warning, sending workers plummeting and resulting in serious injury or death.
3. Respiratory Protection Inadequacies
OSHA requires proper respiratory equipment when workers face exposure to harmful dust, fog, fumes, or vapors. If a construction company fails to conduct proper fit testing or provide appropriate respirators for specific hazards, devastating chronic conditions like silicosis or asbestosis may develop years after exposure.
4. Hazard Communication Deficiencies
When contractors fail to label chemicals properly or provide adequate safety data sheets, workers cannot take appropriate precautions. This information gap puts construction workers at heightened risk of chemical burns, respiratory damage, and other serious injuries that could have been prevented with proper knowledge and training.
5. Electrical Safety Violations
An electric safety violation can create a life-threatening situation at a construction site. OSHA standards require proper grounding of electrical equipment and protection from electrical hazards. Unfortunately, some sites operate with exposed wiring, improper grounding, or damaged cords. These conditions can lead to severe electrical burns, cardiac arrest, or fatal electrocution, particularly in wet conditions.
How Construction Injury Attorneys Can Help After OSHA Violations
You have a lot at stake if you’ve been hurt in a construction accident. You may have significant medical bills, be unable to work, and face an uncertain future, but you don’t have to do it alone. The experienced New Jersey and New York construction accident lawyers at Hofmann & Schweitzer can help you with:
Accident Investigation
A thorough accident investigation identifies all federal and state construction safety violations and responsible parties after a construction site injury. We:
- Document non-compliant conditions
- Interview witnesses before memories fade
- Preserve critical evidence
- Work with expert witnesses, as needed, to prove what happened
This comprehensive investigation builds a foundation for maximum compensation from all liable parties.
New York and New Jersey Labor Law Violations
New York and New Jersey have enacted powerful labor laws that provide additional protections beyond federal OSHA regulations, creating a more comprehensive safety net for construction workers. Specifically:
- New York Labor Law Section 240 (the "Scaffold Law") offers extraordinary protection for workers injured in height-related accidents. This statute places absolute liability on contractors and property owners for gravity-related injuries when proper safety equipment isn't provided. Unlike standard negligence claims, workers don't need to prove the employer was careless; they only need to prove that a safety violation occurred. This powerful law provides essential financial protection when workers suffer devastating injuries from scaffold collapses, ladder failures, or falls from heights on NYC construction sites.
- New York Labor Law Section 241(6) requires construction areas to be operated and arranged to provide reasonable and adequate worker protection. The statute incorporates detailed safety regulations from the New York Industrial Code. Contractors and owners can be held liable when these specific regulations are violated and workers are injured.
- New York Labor Law 200 codifies the common-law duty of employers and property owners to provide a safe workplace for employees. It applies to both the means and methods of the work and dangerous conditions on the premises. To hold an owner or contractor liable under this statute, the injured worker must prove that the party had notice of the hazardous condition or exercised control over the work that led to the injury.
- The New Jersey Public Employees Occupational Safety and Health Act extends OSHA-like protections to public construction projects. Government construction workers in New Jersey receive specific protections under this state law, which mirrors federal OSHA requirements. Injured workers have expanded legal options against government entities and contractors when these standards are violated.
Strategic Claim Coordination
We understand how to properly sequence and coordinate workers' compensation claims, OSHA complaints, and third-party lawsuits. This strategic approach prevents one claim from undermining another while ensuring each process moves forward efficiently. Proper coordination prevents insurance companies from shifting blame or delaying compensation while you focus on your physical recovery.
Maximum Compensation Calculation
Construction injuries often result in permanent disabilities that affect future earning capacity. An experienced attorney works with medical experts, economists, and vocational specialists to quantify these long-term losses. With proper documentation of all damages, your attorney can pursue full compensation for your complete losses.
