Millions of constructions workers essentially risk their lives to build taller buildings, repair streets or tear down hazardous structures. The public rarely considers the risks that construction workers face on the job; however, construction workers know how potentially dangerous their jobs are. Because of the risks, using the proper safety equipment is crucial.

But who is at fault if a worker is injured because the proper safety equipment isn’t used?

There is no simple answer to that question, although your employer or a supervisor may be responsible if you are injured as a result of not having the proper safety equipment available. The Occupational Health and Safety Administration is the federal agency that is responsible for promulgating and enforcing safety rules at worksites throughout the United States. State law may provide additional protection to workers. When an employer violates OSHA rules, not only can the employer be fined by OSHA, but the employer could be held legally responsible for any injuries that ensue.

The OSHA rules relating to safety equipment are lengthy and numerous. Some of the more common construction industry rules relating to safety equipment include the following summaries:

• Scaffolding and ladders — An employer must ensure that the scaffolding or ladders used at the site are constructed properly and are not overloaded and that a proper harness is worn if applicable.

• Respiratory protection — Workers who could be exposed to mold, dust or other airborne contaminants must be equipped with the proper respiratory safety equipment.

• Fall protection — OSHA requires that workers be protected by the use of safety equipment from falls at elevations over six feet.
• Electricity — Construction workers are often exposed to electrical wires that could be live. An employer has a duty to protect workers from electrical injuries by taking the proper safety precautions as called for in the OSHA rules.

• Machine malfunction — From small machines to large mobile equipment, a construction site is typically teeming with moving parts. Workers should be protected from injuries caused by machine malfunction.

If you have been injured in a workplace accident, contact the New York/New Jersey accident attorneys at Ginarte Gonzalez Winograd L.L.P., by calling 888-446-2783 or by filling out our online contact form for your free consultation.