The Occupational Safety and Health Administration, or OSHA, urged New Jersey employers to protect workers from falls while on the job in a statement released last week. The announcement by OSHA follows investigations into four recent New Jersey construction accidents. The New Jersey construction accidents that led to the OSHA investigations and announcement include:

• A construction worker who fell from an aerial lift in Secaucus;
• A construction accident where a worker fell through a roof into a vat of acid in Clifton;
• A construction worker who fell while installing a steel frame in Madison;
• A construction worker who fell off of a roof at a construction site in Bayonne.

We believe the New Jersey construction falls investigated by OSHA could have been prevented had the employees been using the proper safety equipment.

Occupational Safety and Health Administration

OSHA is a federal agency that is part of the United States Department of Labor. OSHA’s mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA does this in a variety of ways. OSHA helps employers by providing training and safety materials to ensure that employers understand the laws relating to worker safety and the consequences of not protecting workers from workplace accidents. OSHA also does routine and surprise inspections of worksites to make sure that employers are following the laws that are intended to keep workers, and the public at large, safe. OSHA is also charged with investigating complaints filed by employees regarding violations of workplace safety rules. Even when a complaint is not filed, OSHA often investigates an accident if a worker was seriously injured or killed.

If an employer violates an OSHA rule, serious consequences can follow. The employer can be subject to hefty fines, required to implement corrective measures, or even shut down until violations are corrected. Employees who feel that an employer is in violation of OSHA rules and regulations can file a complaint anonymously if they are concerned about reprisals, though OSHA rules also protect an employee from negative consequences as a result of filing a complaint.

Construction Falls

According to OSHA, falls are the number one cause of fatal accidents at construction sites. One out of every three fatal accidents on a construction site is the result of a fall. Sadly, despite OSHA regulations that are intended to protect workers, and education OSHA provides to employers to help understand the myriad ways available to prevent falls, construction falls have actually increased over recent years. For the year 2007, there were 442 fatalities as a result of construction falls.

All types of construction workers face the risk of falls that cause serious injuries or death; however, falls from roofs lead the list of fatal falls within the construction industry. From 2003 to 2007, there were 686 deaths attributable to falls from roofs within the construction industry.

Guardrails, safety nets, body harnesses and lanyards are among the types of safety equipment that should be used by construction workers to prevent falls while on the job. Although these safety devices may not be able to prevent every fall, if used properly, they will dramatically decrease the number of workers injured and killed each year from construction falls.

If you have been injured in a construction fall, you may be entitled to compensation for the injuries you suffered in the fall. Your employer is responsible for ensuring compliance with all of the applicable OSHA rules and regulations that are in place to keep you safe. If your employer violated any of those safety rules, or failed to follow proper safety procedures, your employer may be responsible for your resulting injuries.

The NY / NJ construction accident attorneys at Ginarte Gonzalez Winograd L.L.P., have seven offices conveniently located in the New York/New Jersey metropolitan area. Contact the firm today by calling 888-446-2783 for your free consultation, or fill out our online contact form.