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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Qualified and competent OSHA inspector OSHA construction site safety inspectors play a very important role in preventing  workers from being injured or dying on construction sites. Unfortunately with the recent boom in the construction business in New York City, these inspectors are very hard to find and their rates have been increasing significantly.

Certified Site safety inspectors have taken a safety course with OSHA and must meet specific criteria before receiving a OSHA certification. However these last years many  unscrupulous workers just blew off the classes and presented falsified OSHA cards to contractors in order to become site safety inspectors.

Since the beginning of the year the City has been cracking down on these workers.

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FullSizeRender (1)The recent construction boom in New York has lead to a significant increase of hard hats dying on construction sites. These deaths could have been prevented if safety measures were proprely implemented and workers better protected.  Among the workers who died this year, 9 fell because they weren’t proprely secured and several of them were crushed by improperly braced walls.

Unfortunately while the number of new construction sites has expanded significantly,  the number of available site-safety inspectors has dropped.  According to a Daily News investigation, there were 1,171 available inspectors in NYC in 2011 compared to 1,105 in 2014, a decrease of almost 6%.  During that same period of time building permits increased by 18% from 121,000 in 2011 to 142,000 in 2014.

According to the NY Daily News, the rarity of site-safety inspectors has led to a tremendous increase of their rates. Some of them are routinely jumping to better-paying jobs in the middle of ongoing projects to snag higher pay creating dangerous conditions because there is no continuity. Retired inspectors are also coming back on the market because of the high rates but they are often too old for the job and sit behind a desk instead of actively inspecting the construction site. In some cases, contractors used fake safety inspectors. Last year the city busted two contractors who had hired a cook, a hotel bellhop and a hairdresser to sign off on safety reports.

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Three people suffered personal injury in New York after a pane of glass fell from the 17th floor of a building.  A 33 year old woman, a 23 year old woman and a 25 year old man were walking on the street near a building on Fifth Ave and East 28th Street when a pane of glass fell next to them and shattered. Construction work at the building dislodged the glass from the window. Read more in the NY Daily News

This is not the first time that non construction workers were injured or died near construction sites this year. Last June 8 people were injured after a crane dropped a giant AC unit in the street. In April  two tenants died in a suspicious explosion in an apartment building where plumbers were working on gas lines. In March a pedestrian died after being hit by flying debris from a construction site in Manhattan.

Fifth Ave and 28th Street

The intersection of Fifth Ave and East 28th Street where the accident happened, picture: courtesy of Google

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construction worker exposed to fumesConstruction workers that are exposed to vapors, gases, dusts and fumes are at increased risk of Chronic Obstructive Pulmonary Disease (COPD) according to a study that was recently published in the American Journal of Industrial Medicine. The study looked at 834 cases of older construction workers with COPD and analysed their lifetime work and exposure histories. Researchers found that as a result of broad and complex effects of many exposures acting independently or interactively, construction workers are at increased risk of COPD and those who are smokers are the most at risk.

Tomorrow, Wednesday Ocotber 14 at 2pm Easter Time, The Center for Construction Research and Training (CPWR) invited Dr John Dement, the lead author of this study to present his findings in a webinar. This webinar is free and will last 20 minutes. You can click here to register.

Key finding from the research can also be downloaded here.

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construction workerConstruction workers exposed to some types of nanomaterials may suffer lung injuries and other respiratory illnesses. For example, recent lab tests on rodents have demonstrated that unprotected respiratory exposure to  carbon nanotubes (CNTs) can cause lung problems similar to those related to exposure to asbestos. Because nanomaterials are relatively new, their risks are not well understood. Nanomaterials are present in many construction products such as coatings, lubricants, cements, adhesives, insulation and patching compounds.So far exposure to these products is not regulated and manufacturers have no obligation to indicate that their products contains nano-particules.

The Center for Construction Research and Training (CPWR) is taking this new construction hazard very seriously and has created a database (http://www.nano.elcosh.org/) that features over 450 products that can be nano-enabled.  The CPWR also recommends that construction workers use dust collection systems and wear a respiratory mask to protect themselves from construction injuries related to nanomaterials.

For more info download the  PDF from the CPWR on nanomaterials

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After hearing about multiple complaints of tenants being endangered by construction work in their building often because unscrupulous landlords are trying to push them out and rent at a higher price (see previous blog), the New York City Council today introduced a new package of bills intended to stop these dangerous practices. A total of a dozen bills are pushing for more and quicker enforcement by the NYC Buildings Department. One of the bills proposes the creation of a special unit that would send inspectors to the site within two hours after a complaint of non permitted work is received. Other bills address falsified claims in which the owner pretends the building is vacant when it is not. Tenants advocates are claiming that harassment has reached unbearable levels in gentrifying neighborhoods in Brooklyn and the Lower East Side and that the Department of Buildings is too lenient.

Read more in the New York Times

 

 

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CPWRNano-enabled construction products usage has been expanding fast but little is know about the potential health dangers of these products for construction workers who are exposed to them.  Because manufacturers are not obligated to disclose that their products  contain nanoparticles it makes it even more difficult for contractors and construction workers to identify these products and to protect themselves from potential injuries.

CPWR, the Center for Construction Research and Training,  has dedicated resources to research these products. Researchers at CPWR have created a  website ( http://nano.elcosh.org/ ) that contains information on over 400 construction products that are probably nano-enabled.

Tomorrow September 23rd at 2:00 pm (Eastern Time)  CPWR will host a 20 minutes webinar to present this new website and the result of their research on nanomaterials used in construction. Participants will learn about the different types of exposures and how to use control technologies and respiratory protection against nanoparticles.  They will also be briefed on the new products trends and will also learn how to navigate the new website hat contains over 450 products and numerous relevant documents. The seminar will be followed by a Q&A session.

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Tenants at many building in New York City and particularly rent-stabilized tenants are being endangered and harassed by negligent property owners that are allowed to start construction work after they asserted that their building was empty when filing with the NYC Department of Buildings.

Despite Mayor de Blasio’s blue print to improve the efficiency of the NYC DOB, and pledge to preserve and create rent stabilized apartment, tenants and some elected officials are complaining that the lack of enforcement has created a climate of lawlessness. A recent article in the New York Times explains  how unscrupulous  landlords and developers are defrauding the DOB with false fillings, endangering the life and safety of tenants and harassing them into leaving their apartments. The author, Mireya Navarro is providing numerous examples of cases where residents complaints were ignored or handled lightly by the Department of Buildings and owners were allowed to continue their work.

The Department of Buildings is aware of the false filling problem and has been working on upgrading their technology.  Among the improvements, the DOB announced that it was about to launch Inspection Ready, a new online tool that is supposed to  dramatically simplify compliance and reduce wait times when scheduling appointments for inspections. The system will include the ability to request and cancel appointments online, as well as view inspection results and documentation.

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The Bureau of Labor Statistics recently released the preliminary data from the Census of Fatal Occupational Injuries (CFOI) for  2014.   There where 4,659 fatal work injuries  in 2014.   This is the highest number of fatalities since 2011.

This high number of deaths on work sites is mostly explained by a revitalized economy and a decline in the unemployment rate in 2014. The rate of  workers fatalities stayed the same as the previous  year with 3.3 fatal work injuries per 100,000 full-time equivalent workers. Over the long term, the rate of worker fatalities has been slowly decreasing over the years indicating safer work conditions globally.

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40% of the fatalities were caused by a transportation accident. Among transportation related fatalities, more than half  of them where accidents on roadways. Accidents involving pedestrian workers being struck by vehicles represented the second  largest category of fatal occupational injuries caused by transportation accidents.

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 Two construction workers were injured after they fell from a building on Fifth Avenue in Manhattan yesterday afternoon. The construction workers where  working on the $50 million renovation of the World Diamond   Tower  building  on Fifth Avenue  and W. 47th St.   They fell from the second floor mezzanine inside the building.  The FDNY has asked the City Department of Buildings to investigate whether a partial collapse of the mezzanine led to the fall. Read more in  The New York Daily News 

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 The construction accident happened in a famous building of the Diamond District.  Picture courtesy of Google map 

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