Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Construction Accident

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injured worker in construction accidentInjury data collection is getting modernized at the Occupational Safety and Health Administration (OSHA). A new rule was recently released in regard to workplace injury tracking. Effective January 1st 2017, the new rule requires some employers including those in high risk industries such as the construction industry to submit electronic records of injuries and illnesses.

For decades OSHA has been recording data related to injury and illness on the job.  Employers are required to record onsite injury and illnesses in specific forms often called the “OSHA Log”. The recording of injury and illness is an invaluable tool in detecting serious hazards on the work place and finding solutions to prevent them.

The new rule requiring electronic filing allow for a faster and more transparent reporting of injuries. Data will be released in standard open format. OSHA strongly believes that public disclosure will help “nudge” employers to focus on safety.  Additionally researchers will be able to use this data to find new ways to improve workplace safety.

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timber formwork The traditional way of building slab form work entails many risks of accidents and injuries to construction workers. The formwork is built on site, usually out of timber and plywood and concrete is poured into it. Several risks of accidents and injuries are associated with this operation such as:

  1. Serious injury or even death caused by a fall off the unprotected sides of the work zone’s leading edge.
  2. Serious injury caused by falling objects such as tools or material to workers  active below the area of the traditional formwork construction
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Three_World_Trade_Center_-_2015_renderThankfully nobody was injured in a New York crane accident last Thursday. Construction workers at the WTC site were pulling the unloaded line and hook of a crane standing on the top of a building under construction when the accident happened. The workers had been instructed to do so as a safety measure before a coming storm. A gust of wind sent a weighted ball attached to the crane’s line into a glass panel of the 3 World Trade Center building. Nobody was injured as the accident happened in the restricted perimeter of the WTC construction site.  John Gallager, the spokesman for  Tishman Construction said in a statement to the press that the glass window would be replaced and that the accident was being investigated.Read more in CBS New York

Wind and storms have been the cause of many crane accidents in New York City. Last February, David Wichs, who’s family is represented by our NYC crane accident attorney Howard  Hershenhorn, lost his life after the wind caused a giant crane to collapse on him. After the accident the city immediately increased mandatory safety measures for crane operators and created a special team to work on additional measures to prevent such accidents.

Picture: rendering of 3 World Trade Center courtesy of Wikipedia

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Cy VanceLast year 22 year old Carlos Moncayo died in a  construction accident in New York. The young worker was crushed to death by a collapsing  wall on the site of the former Pastis restaurant in the Meatpacking district, in lower Manhattan, NYC. Prior to the accident, Harco, the contractor, had been warned by an  independent engineer  that the construction site was unsafe and that it should be closed.  The contractor refused and Carlos died. (See previous blogs here and here)

A coalition of 22  groups including District Attorney Vance and then Building Trade Employers’ Association (BTEA) are asking the judge to impose the maximum sentence on  Harco.  Harco was found guilty of manslaughter, criminally negligent homicide and reckless endangerment by Judge A. Kirke Bartley.  The D.A.  Also requested that the contractor pay for an advertising campaign to promote  worker safety this fall in New York.

Read more in the Real Deal 

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A man was seriously injured after a piece of plywood from a security fence at a  construction site fell on him. The man was walking on the sidewalk at the South East  corner of 30th St. and Fifth Avenue in NYC yesterday around 4 PM when the accident happened. An 8 feet long piece of plywood that was not properly secured fell on him, knocking him down to the ground. He was transported to the hospital in serious condition.  See video below for more.

A similar accident happened in the West Village at the beginning of the year. A woman who was passing by was killed by a piece of plywood that detached from a construction site security fence. See previous blog 

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Too many workers especially in the construction industry are still being injured or killed at the work place because their boss ignores safety rules. When such tragedy happens we call it an accident. However when a boss ignores safety rules and an employee is being injured or killed because of it, shouldn’t the boss be criminally prosecuted? When a construction worker dies in a trench collapse because the developer or the contractor ignored safety rules isn’t it a crime?

In a recent article in Fair Warning Rena Steinzor,  a Law Professor at the University of Maryland and a Member Scholar at the Center for Progressive Reform and Katherine Tracy a Policy Analyst at the Center for Progressive Reform are advocating for the criminal prosecution of CEOs who are putting profit ahead of safety and treat employees injuries and deaths as a cost of doing business.

Read the complete article here.

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Coupe_de_poumon_atteint_de_silicoseMany construction workers who have been over exposed to silica dust developed lung cancer, silicosis as well as pulmonary and kidney disease. The danger of exposure to silica dust was first highlighted by the US government in 1930 but the first rule related to silica exposure time was released in 1971 when OSHA was created. The 1971 rule is outdated and recent waves of illnesses and deaths among construction workers have led to the creations of new OSHA standards. A final rule was issued by OSHA two months ago on March 25. The rule contains two standards: one for the construction industry and one for the maritime and general industry. OSHA estimates that every year the new standards will save 600 lives and prevent 900 workers from getting silicosis. The standards will take effect on June 23, 2016. From that date, the construction industry will have one year to comply with OSHA requirements.

To help contractors and construction workers understand and comply with the new standard, the Center for Construction Research and Training (CPWR) just hosted a webinar on  “Understanding & Implementing the New Construction Silica Standard”.  In this webinar,OSHA’s Director of Standards & Guidance,  David O’connor, presented the key provisions in the new standard. A free planning tool was also presented to participants. CPWR Deputy Director, Chris Trahan and CPWR r2p Director, Eileen Betit explained to participants how to make the best use of this planning tool. A recording of the webinar can be found here.

Additionally, at the request of many who could not attend the first webinar, another live webinar session will take place on Thursday June 16th at 2;00 pm Eastern Time. The same speakers, David O’Connor, OSHA’s Director of Standards & Guidance , Chris Trahan, CPWR Deputy Director and Eileen Betit, CPWR r2p Director will discuss the new standard for the construction industry and best way to implement it. The webinar is free and aimed at contractors in the construction industry but anyone interested can attend. If you wish to participate you can register here.

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Two New York window washers were left dangling 140 feet in the air after one side of their carriage suddenly dropped. The two men were washing windows on the 14th floor of a building located on Lexington Ave near 99th street when the accident happened.The two men were safely harnessed and didn’t suffer any injury. They were rescued by a team of firefighters and members from the NYPD Emergency Service Unit who were able to pull them to safety through a window. Read more in the NY Daily News

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steel plateThree construction workers suffered serious personal injury on a construction site in Brooklyn. The three hard hats were working on a building located on 21st Street near the Gownaus expressway. A steel plate came loose and struck the three workers. They were all transported to the hospital in serious condition.

Steel plates are commonly used in construction sites to reinforce structures. Construction accidents related to loose steel plates are unfortunately happening too often. Due to the heavy weight of the steel plate, they can result in serious personal injury or death. Workers and supervisors always should make sure that steel plates are proprely secured to prevent this type of construction accident.

Read more in the NY Post

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Construction_worker_harnessFalls are the leading cause of death in construction accidents in New York and in the U.S. Some of them are caused by inadequate safety measures while others occur even though all OSHA safety measures were followed by the construction workers.

Steelworkers for example are allowed to to work up to a height of 25 feet without the use of a safety harness. OSHA rules also permit construction workers climbing a scaffold to unhook their attachment and hook it again to a higher tie-off point as they ascend.

Some contractors in New York believe OSHA rules are not strict enough and require all their workers to use a harness when they work 6 feet and higher above the ground. Some NY construction companies also require that workers climbing scaffolds use two harnesses so they are constantly hooked onto something and protected. Gilbane Building is among the contractors in New York that require all workers to follow these two rules.

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