As any individual who has ever worked on a construction site can tell you, the inherent risks of working in the construction industry are far greater than the risks posed by working at jobs in most other industries. What you may be surprised to learn is that when it comes to fatal injuries in construction accidents, not all workers appear to be at equal risk.

There is a substantial inequality between Latino workers and other construction workers in regards to fatal workplace accidents, according to a recent report by the Center for Popular Democracy (CPD).

While Latinos make up only approximately 34 percent of the workforce in the New York construction industry, they suffer close to 74 percent of all construction accident fatalities. Latinos and immigrant workers have also been found to be victims in 88 percent of fatal falls in Queens and 87 percent in Brooklyn, according to the CPD report.

This raises the question: What could be the cause of such an inequality among workers in the same trade? As it turns out, the size of the construction company may make a big difference when it comes to safety in the workplace.

Size Matters with Companies Maintaining a Safe Workplace

The main reason Latino construction workers suffer a higher fatality rate is because they tend to work for smaller construction companies that are less likely to maintain a safe workplace, according to the CPD report.

Smaller companies may pose an increased risk due to:

• Being non-union.
• Failing to provide proper training.
• Having improper or inadequate equipment.
• Lacking respect for workers’ reports regarding unsafe conditions.

In focus groups, Latinos also report a fear of losing their jobs or facing retaliation from contractors if they report onsite safety violations.

New York’s Scaffold Law and Its Impact on Worker Safety

Workers’ compensation may cover a portion of the costs relating to injuries sustained in a construction accident, but there are other legal avenues injured workers may pursue as well.

Under federal Occupational Safety and Health Administration (OSHA) regulations, “No contractor or subcontractor for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety.”

Contractors and subcontractors have a legal responsibility to do what they reasonably can to keep all workers safe, regardless of the size of the company.

While OSHA has a responsibility to protect workers by conducting inspections to verify construction sites’ compliance with worker safety laws, an inspection may not happen in time to save a life. Fortunately, there are other protections in place for construction workers in New York.

New York construction workers are protected by the “Scaffold Law.” The Scaffold Law places responsibility on the employers, developers and property owners for their failure to keep workers out of harm’s way. This law states that contractors, developers and property owners may be liable for all elevation-related injuries that occur during construction, demolition or repair work. It does not matter whether the injured worker’s actions contributed to the accident.

In other words, if a construction company, developer or property owner failed to provide a safe workplace, they may be held responsible for paying damages above what is available from workers’ compensation for injuries on a construction site in New York. This is true regardless of the size of the construction company.