New York construction workers suffer debilitating and even fatal injuries every year. Due to the hazardous nature of work on construction sites, state and local authorities have created regulations to make these workplaces as safe as possible. If these regulations are not followed and a construction injury occurs, workers may be able to file a claim against their employers or the owner of the site to pay for their medical bills, lost income, and pain and suffering.
Section 23 Rules for Concrete Work on Construction Sites
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 23-2.2 dictates how employers should protect employees during concrete work. Part 23 requirements for concrete work include:
All forms, shores, and reshores must be structurally safe and must be properly braced or tied together in a manner that allows them to maintain position and shape throughout the completion of the work.
A designated person must continuously inspect the stability of all forms, shores, and reshores including all braces and other supports during the placing of concrete. If any unsafe condition is discovered, the hazard must be remedied immediately, even if work must stop.
Beams, floors, and roofs.
Any necessary horizontal or diagonal bracing must be provided in both longitudinal and transverse directions in order to give proper structural stability to beams, floors, and roofs. Shores and reshores must be properly seated and secured in place at the top and bottom. In any place where shores or reshores rest upon the ground, mud sills or other bases must be provided.
In any place where the sum of the dead and live loads on the forms could exceed 150 pounds per square foot, the design of these forms (including shores, reshores and bracing) must follow plans specified by a professional engineer licensed to practice in the State of New York. These design plans and specifications must be kept on the job site and readily available for examination by the commissioner. Any forms, shores, reshores, and bracing must be constructed and installed in accordance with these design plans and specifications.
All forms must be stockpiled or removed from areas in which persons are required to work or pass as soon as possible after stripping. Any wire ties, protruding nails, or other hazards remaining after stripping must be pulled or cut, and any form accessories or materials not necessary for subsequent work must be removed or otherwise made safe.
Reshoring must be provided when it is necessary to safely support slabs and beams after stripping, or in cases where such members are required to bear superimposed loads due to construction on upper levels.
You Need to Act Quickly After a Construction Site Injury
If you or someone you love was injured on a New York construction site, it’s important that you learn your legal options as soon as possible. Workers who have been hurt during construction work only have a limited period of time to bring a lawsuit against a negligent employer or third party. After this short window passes, it is difficult or even impossible to get the compensation you are owed.
We don’t believe victims should be expected to suffer due to someone else’s negligent behavior. The construction injury attorneys at Hofmann & Schweitzer can examine the facts of your case and investigate the circumstances of the incident to determine if this statute was violated. Contact us today or learn more about your rights in our FREE guide, Hurt in a Construction Accident? You’re Not Alone.