example of a crane mounted on a truck
When a construction crane collapsed in Brooklyn, it was the bravery of Good Samaritans that helped rescue two men trapped inside a van. The accident, which took place near a pharmacy, left one man with head and body pain and another with a serious leg injury.
The U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.
One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”
As NYC crane accident lawyers who have seen firsthand the devastating consequences of construction site accidents, we understand the critical importance of proper training and licensing for equipment operators. Recently, the New York City Department of Buildings (DOB) has announced significant changes to crane licensing requirements that will take effect on November 7, 2024. These changes aim to enhance safety standards and reduce the risk of accidents involving articulating boom cranes, mini cranes, and rotating telehandlers. Here’s what contractors and equipment operators need to know about these new regulations.
Starting November 7, 2024, the operation of articulating boom cranes, mini cranes, and rotating telehandlers in New York City will require a specific Hoisting Machine Operator (HMO) license issued by the DOB. This new mandate reflects a growing recognition of the unique operational risks associated with these types of equipment. The new licensing requirements will cover the use of these cranes for tasks such as delivering and moving materials on construction sites.
Under a transformative Biden administration policy, hundreds of laborers have stepped out of the shadows, informing on unscrupulous employers and, in return, receiving something invaluable: legal work permits and protection from deportation.This policy, which focuses on protecting workplace whistleblowers and aiding prosecutors, has changed the lives of many, including José Moncada and a welder known only as Alejo. Moncada, who suffered a wrist injury on the job, and Alejo, who experienced a near-devastating eye injury, both faced directives from their foremen to conceal the true nature of their injuries to avoid compensation claims. Despite the risks, they chose to come forward, working with law enforcement to expose the fraudulent practices of their employers. Their bravery was rewarded not just with the satisfaction of justice but with the legal right to work in the U.S., a privilege they had been denied for over a decade due to their undocumented status.
The heart of this policy is deferred action, a form of discretionary relief that allows immigrants who have been exploited at work or who have cooperated with law enforcement investigations to apply for protection from deportation and work permits. This policy not only acknowledges the valuable contributions of immigrant workers but also provides them with a pathway to emerge from the exploitation prevalent in the underground economy. It’s a clear message: their rights matter, and they no longer need to live in fear.
On April 3, 2023, tragedy struck at John F. Kennedy International Airport in Queens, New York, when two workers from Triumph Construction Corp. lost their lives in a devastating construction accident. A subsequent investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) uncovered critical lapses in safety protocols that could have prevented this tragedy.
Two dedicated employees of Triumph Construction Corp. found themselves in a perilous situation as they attempted to remove soil from below a concrete slab within a trench. The concrete slab unexpectedly broke apart and collapsed, fatally crushing both workers.
OSHA’s Investigation
A recent CBS New York investigation indicates that Monadock Construction was cited by NYC in the crane accident that occurred in Hells Kitchen last July and left 12 people injured.
Back in July a massive crane caught fire and collapsed onto a nearby building, causing widespread panic and property damage. Now, in a significant development, the city authorities have cited Monadnock Construction, the construction contractor responsible for the project, for failing to safeguard the construction site. This citation carries a potential penalty of $25,000, raising important questions about accountability and safety in construction operations.
As construction accident attorneys in New York, we have witnessed the devastating consequences of heat-related injuries among construction workers.
The parents of Tim Barber, a young construction worker who tragically lost his life due to heat stroke on his second day at a new job Upstate NY, have been tirelessly raising awareness about heat-related illnesses. They have played a crucial role in advocating for a New York bill called the Temperature Extreme Mitigation Program, aimed at amending the state’s labor law to provide broader protections against the risks posed by heat and cold stress. Regrettably, despite their efforts, the bill did not successfully pass into law.
With the summer months upon us, it is crucial to shed light on this pressing issue and explore preventive measures that can ensure the safety of construction workers during the summer. By recognizing the risks associated with heat exposure and implementing appropriate safety protocols, we can protect construction workers from the debilitating effects of heat-related injuries.
This week is “Construction Safety Week”, an annual awareness campaign to reduce construction accident injuries and fatalities. As attorneys representing injured construction workers and their families we strongly advocate for the theme of this year’s Construction Safety Week: Strong Voices, Safe Choices. It’s time for construction workers to empower each other to speak up and take action when they see something unsafe.
Each day of the week, employers are invited to discuss with their workers a different safety topic. Here are the topic for each day of the week.
Monday: Engagement
Construction sites are one of the most dangerous places to work, and the risks are amplified when workers do not receive proper training on safety protocols. Unfortunately, three individuals in Brooklyn have been indicted for allegedly forging and selling fake safety cards to construction workers who never received the required training. As NYC construction accident attorneys, we know that this kind of fraud is not only illegal, but it also puts workers’ lives at risk.
Latecia Moore, Alex Kaushanskiy, and Benedetto Bonello are accused of creating and distributing fake safety cards to construction workers, indicating that they had completed the required safety courses approved by OSHA or Site Safety Training certification. Moore allegedly made and sold fake cards to customers for $200 to $650 each, while Kaushanskiy’s company, Odessa Safety, sold phony cards without providing the training. Bonello, who is authorized by OSHA to train workers, allegedly sold fraudulent cards without providing the required training.
Despite OSHA’s efforts, the death rate on construction sites in the US has not declined for the last 10 years, questioning the effectiveness of the agency.While there is no doubt that OSHA is doing a great job developing and implementing safety standards, it does not have enough resources to proprely inspect jobsites. Additionnally fines are not only too low to dissuade bad actors but also most of the time they are not being paid and OSHA has little resources to go after those who don’t pay. Also on the top of deaths purely related to construction accidents, the opioid crisis and suicides are also taking a toll on construction workers.
New York Personal Injury Attorneys Blog