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 Tagged with OSHA

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Construction_worker_harness-1As construction accident attorneys, we have witnessed firsthand the severe consequences that can arise from ill-fitting PPE:

  • Inadequate Protection: PPE that does not fit properly may leave parts of the body exposed to hazards, rendering the equipment ineffective.
  • Increased Accident Risk: Loose or oversized PPE can become entangled in machinery or obstruct a worker’s movement, leading to accidents and injuries.
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Construction fatality rate NYC v NY StateOver the last five years, the fatal occupational injury rate in NY State increased by 29% while it decreased by 21.3% in New York City. Up until 2014 it was more dangerous to be a construction worker in the city than to be a construction worker somewhere else in New York State. Things have changed since 2015 when the construction fatality rate for New York State reached 10 fatalities per 100,000 workers while the same rate was 9.4 in New York City. The following year the New York State fatality rate for construction workers jumped to 14.2 while the city fatality rate declined to 8.9.

According to “Deadly Skyline” the annual report released by the  New York Committee for Occupational Safety & Health (NYCOSH), these numbers are painting a sad reality for New York State. While in New York City, the Department of Buildings has been drastically increasing its resources and budget over the last few years to face the construction boom, the Occupational Safety and Health Administration (OSHA) continues to be systematically underfunded and can’t keep up with the increase in new construction projects in the State.

40 HOURS SAFETY TRAINING REQUIRED FOR ALL NYC CONSTRUCTION WORKERS

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OSHA-inspectorTo prevent workers, especially construction workers, from being killed or injured on the job, the US Occupational Safety and Health Administration (OSHA) conducts thousands of work sites inspections every year. After Trump took over some worried that OSHA power would be diminished and that workers might be exposed to riskier work conditions. So far it hasn’t been the case.

During the fiscal year 2017, OSHA conducted 32,396 inspections compared with 31,948 during the fiscal year 2016.  The average penalty per violation was $3645 during the 2017 fiscal year compared with  $3415 during the 2016 fiscal year. Between 2010 and 2015 there was an average 8.4 $1 million cases reported yearly however in 2017 there were only 6 $1 million cases.

Despite being nominated by the president to head OSHA, Scott Mugno, currently vice president for safety, sustainability and vehicle maintenance at FedEx Ground hasn’t been confirmed by the Senate yet. So far the career OSHA people are still running the show and things are not expected to change dramatically.  This is mainly because the lack of political leadership and the language and requirements of the Occupational Safety and Health Act are preventing deregulation.

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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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Nail%20Gun%20Injury.jpgNail gun injuries send more construction workers to the hospital than any other tool-related injury. Most injuries are punctured hands or fingers but in some cases the injuries are far more serious and can even lead to death.

To prevent these type of injuries OSHA just created a new Nail Gun Safety web page and a complete guide on Nail Gun Safety that can be downloaded by construction workers directly to their mobile phones in English or in Spanish.

The new webpage offers great links to relevant content from the Center for Construction Research and Training (CPWR) and from the Centers for Disease Control and Prevention (CDC) as well as access to training, regulations and additional resources.

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When OSHA inspectors visited RWS, a plant that makes wood shavings for animal bedding, they found explosive combustible shavings all over the equipment and the floor with accumulation reaching as high as one foot in some areas. Adding to that employees were authorized to smoke in locations where excessive wood dust and wood shavings created a high risk of fire.

RWS Manufacturing plant in Queensbury, NY,deliberately, seriously and repeatedly violated worker safety and health standards and is now facing $233,870 in fines by OSHA.

Since its opening in Quennsburry, NY, 5 years ago, RWS Manufacturing plant has been the objects of multiple complaints by neighbors. It also has a long history of issues with the town’s enforcement codes related to noise, smoke and lack of groundwater control.

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young%20workers%20accident%20prevention.jpgEvery 9 minutes a young worker suffers injury at work. In 2010, 328 teens died and 110’000 were injured at their workplace. Most accidents are due to unsafe equipment, insufficient training and supervision, dangerous work not appropriate for teens, pressure to perform better and stressful environment. Accidents happen mostly in retail, restaurant & fast food, cleaning & maintenance, outdoor work, construction, industry, agriculture and in offices. There is an increase of accidents in the summer as young people are finishing school and starting a new job or simply trying to make a little extra money during their vacations.

Young workers are twice as likely to get hurt on the job than older workers and often they are not aware of their rights. For this reason OSHA just launched a campaign that includes a special young workers web section as well as specific brochures for young workers on landscaping, retail work and grain engulfment. Brochures on landscaping and retail also exist in Spanish

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