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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cell-phone-on-construction-siteCell phone usage on construction sites may increases the risk of accidents. While there are no specific rules when it comes to cellphone usage on a construction site, it is the employer’s responsibility to keep employees safe and to train them about cell phone usage while working on an active construction site.

Headphones are not OSHA approved ear protective devices

While OSHA requires construction workers to use ear protective devices when the noise on a site exceeeds permissible noise exposure limits, they are not talking about headphones or earbuds. While some manufacturers are advertising that their headphones are OSHA approved or OSHA compliant,  OSHA warned in a recent letter that these claims are misleading.  Listening to music when working on an active construction site covers environmental sounds and increases the risk for construction workers to be struck by hazards while performing their work.

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IMG_3253-e1580916956170Two years ago, Harry Ramnauh was crushed to death by a glass panel at a Manhattan construction site. He was a security guard at the construction site of the $3 billion Luxury Central Park Tower which when completed will be the tallest residential building in the world. Reaching 112 floors and a height of 1,550 feet, it is also the most expensive development in New York City. Apartments are listed at up to $63 million with a total projected sellout of $4 billion. (see building under construction on the right side of the picture)

Contractor argues that “failure to safeguard the public” doesn’t apply because the victim was a worker

After the death of the security guard, The New York City Department of Buildings (DOB) issued several citations to Lendlease, the general contractor for the construction of the residential tower.  Lendlease successfully fought most of the violations and recently filed another petition against the DOB and the Office of Administration Trials and Hearings  arguing that one of the citations, “failure to safeguard the public during construction”, doesn’t apply to the case because the victim was not a member of the public but a worker at the construction site. Lendlease also argues that the violation was issued based on an inspection that occurred 3 days after the accident and therefore it didn’t reflect the conditions at the time of the fatal construction accident.

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2 construction workers died after a trench collapsed in Long Island, NY. The two men were installing a septic tank for a private home located on Wolver Hollow Road in Brookville. They were 30 feet down at the bottom of the excavated area when one of the walls collapsed. Dirt and sand quickly covered the two men. First responders rushed to the rescue. They were able to recover one of the worker who was pronounced dead at the scene of the accident. As they were digging with their hands and shovels to search for the second worker, another wall started to give way. Rescuers had to promptly exit and the wall had to be secured until the search for the other man could continue.  His body was finally recovered.  The workers whose identity has not been released were 45 and 57 year old. Read more on the ABC website .

https://www.newyorkpersonalinjuryattorneysblog.com/files/2020/01/1200px-Excavation_for_installation_of_light_towers_at_the_under_construction_Mid-Day_Storage_Yard_in_Queens._CQ033_9-8-2017_37101223191.jpgExcavation is one of the most dangerous activities in the construction industry. In 2018, OSHA launched a National Emphasis Program on Trenching and Excavation in order to reduce the number of injuries and deaths related to this activity. This emphasis program was launched after a recent surge of fatalities and serious injuries related to trenching and excavating. In the fourth quarter of 2019, a contractor who failed to adequately protect his employees during excavation work was slapped with a $161,771 OSHA fine. This fine was among the top 5 highest OSHA fines for the last quarter of 2019. Thankfully nobody was injured but OSHA inspectors found out that the contractor was violating several safety requirements related to excavating work such as not having a competent person conducting regular inspections of the excavation or letting workers continue to work  in an excavation that he knew was unsafe.

In 2017, an unlicensed New York contractor was criminally charged with manslaughter after a wall collapsed on his construction site killing 18 year old Fernando Vanegaz and injuring two of his colleagues (see previous blog)

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geograph-4749794-by-John-BakerIn the aftermath of the tragic construction accident that killed Segundo Huerta and injured 5 other workers on a Bronx site in August last year (see previous blog), the NYC Department of Buildings recently released a notice to remind special inspectors, construction superintendents, design professionals, and permit holders about the requirements related to cold-formed steel light-frame construction in New York City.

Cold form steel framing is often used in low rise and mid-rise building projects. It refers to the structural frame that creates the form and support to the building.  While erecting such structures, clear procedures including properly bracing loading decks, or avoiding overloading floors with temporary construction loads must be followed to prevent collapse.

The NYC Building Code has specific regulations and requirements related to cold form steel framing. Last month, the DOB issued a service notice reminding construction professionals about it. Here are some of the main points:

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NYC construction workersConstruction workers and extraction workers not only have a high risk of getting injured on the job but also they are the most at risk of getting addicted to drugs such as non prescription opioid, cocaine and marijuana according to a recent study published by NYU. The study looked at 290,000 workers belonging to 13 different industries and found out that 3.4% of construction workers were misusing painkillers compared to a 2% average for the rest of the professions.

The study confirms that the opiate crisis is a major problem in the construction industry but also found that construction workers were also consuming more marijuana and cocaine than other workers. The study links the increased risk of addictions to all 3 substances to the precarious condition of employment sustained by construction workers and found that absenteeism is a trigger  for increased used of all 3 drugs. The study also found that  employers with written drug policies  have less workers dealing with cocaine addiction and employers using drug testing had less workers using marijuana.

Drug addiction treatments not proposed by employers

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Construction_WorkersMuskuloskeletal Disorders or MSDs are soft tissue injuries that affect many construction workers. Globally MSDs are the largest category of workplace injuries and account for 30% of all US worker’s compensation costs. MSDs affect all the parts of the body that are responsible for movements such as the muscles, the tendons, the nerves, the ligaments, the disks or the blood vessels. They are the result of sudden or repetitive motions, forces or awkward positions.

Due to the nature of their activity, construction workers are among the workers who are the most at risk of suffering from MSDs with the most common cause being overexertion from activities such as pushing, pulling, holding carrying and catching as well as lifting and lowering. In its quarterly report the Center for Construction Research and Training provides an in-depth analysis of  MSDs in the American construction industry.

In 2017, 19,690 WMSDs injuries resulted in days away from  work in the construction industry with the most common injuries being sprains, strains and tears. Back injuries were the most predominant, followed by lower and upper extremities. Age is a main factor in muskuloskeletal disorders and the older a construction worker is the higher the risk is that he might suffer from WMSDs resulting in days away from work.

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One construction worker died on the job in New York City in June bringing the total of deaths to 5 for the first half of 2019 compared to respectively 6, 2, 5 and 6 for the first semester of 2018, 2017, 2016 and 2015. The June fatality occurred in Manhattan. 4 of the 5 fatalities on NYC construction sites occurred in Manhattan and the other one in Brooklyn during this first semester. No deaths were recorded in the Bronx, Queens or Staten Island construction sites during the first six months of the year.June 2019 fatalities on NYC construction sites

A total of 4 construction accident fatalities were recorded in Manhattan during the first semester of 2019 compared to respectively 2, 1, 3 and 3 during the first semesters of 2018, 2017, 2016 and 2015. This last semester was the deadliest in Manhattan since 2015.

Manhattan Construction worker fatalities June 2019
One hard hat died in Brooklyn during the first semester of 2019 compared to respectively 1, 1, 1 and 2 during the first semesters of 2018, 2017, 2016 and 2015.

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A hard hat died and five others were injured after a building under construction partially collapsed in the Bronx. 48 year old Segundo Huerta, a father of five, was working on a construction site located at 92 East 208 Street in the Bronx, on Monday around noon, when the third floor of the building started to crumble and falling on workers below. Segundo and his colleagues were hit and buried in concrete and debris.  When  the firefighters arrived, Segundo was trapped and by the time they were able to recover him he had succumbed to fatal injuries.

The other construction workers injured  were Segundo’s family members or good friends. His 21 year old nephew Manuel Giovanni Huerta suffered a serious spine injury. His cousin Santiago Mayancela suffered a torn ear and a leg injury. Luis Romero, the brother of Segundo’s sister in law suffered a serious head injury. Two friends from the family Luis Antonmio Quizhpi and a man identified as Jose were also injured. The group of workers had been working together on construction  sites for more than 12 years. Segundo, originally from Ecuator, had been living in the US for 19 years. The family and relatives that gathered at the scene of the accident were heart broken.

OVERLOADED FLOOR CAVED IN

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craneAfter two successive crane accidents in New York including one fatal, the company United Crane and Rigging was temporary barred from continuing work at 22 construction sites in the city. The NYC DOB will allow the company to restart work only after it replaces some of the employees involved in the recent accidents that occurred on July 30 in the East Village and in April in Soho. On July 30, the company had a crane working at a site located at 749 FDR Drive. The operator of the crane was lifting steel beans when the boom of the crane bent and partially collapsed. The operator then lost control of the load which struck the building before falling on the ground. Thankfully nobody was injured but investigators found that the load lifted by the crane weighted 4,400 pounds while the maximum lifting capacity was 3,700 pounds. Back in April,  34 year old Gregory Echevarria, a war hero who served several deployments in Iraq and Afghanistan died and two other construction workers were injured after a counterweight fell and crushed him during a crane installation by the same operator (see previous blog).

To be able to restart work on its 22 construction sites, United Crane and Rigging has to provide proof to the NYC Department of Buildings that the engineer of record, master rigger, lift director, assembly and disassembly and hoisting machine operators have all been replaced with new staff. Additionally the company also has to hire an independent monitor who will report to the DOB on United Crane and Rigging’s safety compliance.The negligent crane company was also hit with 5 DOB violations for:

  1. inadequate safety measures on site
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The month of April was a bad month for the construction industry in New York: 3 hard hats died in NYC construction accidents and almost 100 were injured. 2 workers died in Manhattan and one in Brooklyn.

On April 8, 51-year-old Nelson Salinas was repairing the facade on a building located  at 311 E. 50th Street near Second Ave on the Upper East Side of Manhattan. He was standing on a suspended scaffold at the 7th floor of the 14 story building when a piece of coping stone that was under one of the C-Hooks fell onto him. Salinas was transported to the hospital where he died from his injuries.

Two days later a young worker fell to his death in Brooklyn. 23-year-old Erik Mendoza, a Mexican immigrant, was replacing bricks under the water tower of a 13 story building located on Pierrepont Street. Mendoza had just been hired to work for the building a week before the fatal accident occurred. He didn’t receive any site safety orientation for working on the penthouse roof, no guard-rail or fall protection were installed and the young man wasn’t provided with fall protection equipment. The owner of the building was issued a DOB violation and a Full Stop Work Order was issued.

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