According to the U.S. Department of Labor, in 2013, construction accidents accounted for one in five worker deaths. That year, almost 800 construction workers lost their lives, and more than half of these deaths were attributable to just four causes – the “fatal four.” These four causes are: falls; being struck by an object; electrocution accidents; and accidents where a worker is caught in, or in between, spaces. Of these four types of accidents, falls were by far the most common cause of fatality, followed by being struck, or electrocution. Becoming trapped was the least common cause.
Perhaps not coincidentally, the DOJ lists some of the most commonly violated OSHA standards in 2014 as: construction fall protection; general requirements for construction scaffolding; control of hazardous energy; construction ladders; electrical wiring methods, components and equipment; general requirements for electrical systems design; and hazard communication standards generally.
But according to OSHA regulations, it is an employer’s responsibility to provide employees with working conditions “free of known dangers.” What can a construction worker do, if he feels that his employer is violating OSHA safety standards and putting employees at risk?
The Occupational Safety and Health Act of 1970 gives workers the right to ask for things like an OSHA inspection of their workplace, information about OSHA standards, workplace safety information and training, the results of tests done to determine workplace dangers, and records of workplace related illnesses and personal injuries, among other things. OSHA standards cover almost all workers, including private sector workers and government workers, whether at the local, state or federal level.
If you complain about unsafe working conditions to your employer, OSHA or other governmental agencies, the OSH Act protects you from retaliation. You cannot be fired, have your hours reduced, be transferred, blacklisted, turned down for a raise, or otherwise punished for your complaints. If you made a safety complaint to your employer, and feel you were punished as a result, you have 30 days to file a report with OSHA.
If a workplace danger represents an immediate threat to your life or health, you may have the legal right to refuse to work under the hazardous conditions. According to OSHA, if you have asked your employer, where possible, to correct the danger, and he hasn’t; if you really believe that immediate danger exists and are refusing to work for that reason; if a reasonable person would also say that there’s a threat of wrongful death or serious injury; and if there isn’t enough time to correct the danger through usual channels, such as an OSHA inspection; your right to refuse to perform a task is protected. Note that you must meet all of these conditions, when possible.
If you have already been a victim of a workplace accident at a construction site, you can seek compensation for your injuries. By speaking with a New York construction accident lawyer, you can examine your situation, be informed of your rights under the law, and advised of the best way to seek redress.
Four Common Construction Accident Causes was first posted on December 26, 2014 at 10:00 am.
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