Falls accidents are preventable. And yet, they are the leading cause of death in the construction sector. According to the Bureau of Labor Statistics (BLS), in 2020, there were 353 fatal falls (to a lower level) out of 1,034 construction fatalities.
By implementing the Occupational Safety and Health Administration's (OSHA) fall protection standards, employers can significantly reduce the risk of fall-related injuries and fatalities in construction sites.
However, if you've been injured in a construction fall due to your employer’s negligence by violating OSHA standards, you may be able to pursue a personal injury claim and get compensation for your medical expenses and lost wages.
Workplace & Construction Injuries in New York?
CONTACT USOur Recent Case Results
Settlement
Jury Verdict
Settlement
Settlement
The Key OSHA Standards for Fall Accidents in Construction
The following standards form the backbone of fall protection requirements in the construction industry to create and maintain safer work environments for workers. If these standards are not met, it could indicate employer negligence.
The construction-relevant OSHA standards for fall protection are (but not limited to):
29 CFR 1926 Subpart M (Fall Protection)
This is the primary standard for fall protection in construction. If you've fallen from a height of 6 feet or more, your employer may have violated this standard.
OSHA regulations require employers to provide fall protection systems such as:
- Guardrails
- Safety nets
- Personal fall arrest systems (PFAS)
29 CFR 1926 Subpart L (Scaffolds)
This standard requires proper construction and fall protection for scaffolds. If your scaffold was unstable or lacked proper guardrails, your employer may be at fault.
29 CFR 1926.1053 (Ladders)
Fall accidents from ladders are often the result of improper setup, use, or maintenance. If your fall involved a faulty ladder or one that wasn't secured properly, your employer could be held responsible.
29 CFR 1926.28 (PPE)
This requires employers to provide workers with appropriate personal protective equipment (PPE) at no cost and the necessary training for its proper use and maintenance.
29 CFR 1926 Subpart Q (Concrete and Masonry Construction)
Subpart Q requires employers to keep exposed steel rebar guarded during concrete or masonry work. Otherwise, they could be held liable for creating a serious impalement risk. This would also apply to improper formwork and shoring. If fall protection measures during concrete placement were ignored, this oversight may strengthen your case.
Section 5(a)(1) (General Duty Clause)
This general clause requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm to employees.
Key points:
- Applies when no specific OSHA standard addresses a hazard
- Requires employers to identify and address all potential fall hazards, even if not explicitly covered by other standards
- Often cited in fall protection cases when no specific standard applies
If your employer fails to recognize and mitigate any fall hazards—even if not directly covered by a specific OSHA standard—they may be found negligent.
It's worth noting that many of these standards frequently appear in OSHA's Top 10 Most Frequently Cited Standards list, highlighting their commonality and the possibility of preventing related accidents.
Applying these standards involves detailed requirements for various aspects of fall protection. For instance:
- Subpart M specifies that guardrail systems must be 42 inches high, with a mid-rail, capable of withstanding a force of at least 200 pounds.
- Personal fall arrest systems must be inspected before each use. They can arrest a fall from a height of 6 feet while limiting the maximum arresting force on an employee to 1,800 pounds.
- For scaffolds, Subpart L requires that each scaffold and scaffold component support at least four times the maximum intended load.
- It also mandates fall protection for employees on scaffolds more than 10 feet above a lower level.
- Ladder safety, as outlined in 1926.1053, includes extending ladders 3 feet above the upper landing surface and securing them to prevent displacement.
Federal Register Notices and Letters of Interpretation
OSHA also provides additional resources to help employers keep up-to-date and have a better understanding of fall protection standards and how to apply them::
- Federal Register Notices and Directives
- Announce new or updated rules
- Provide detailed guidance on compliance
Examples:
- The July 14, 1999 notice, "Safety Standards for Fall Protection in the Construction Industry," looked at alternatives to some fall protection rules.
- The December 16, 2010 notice, "Compliance Guidance for Residential Construction," told home builders how to follow fall protection rules.
- Letters of Interpretation
- Official OSHA responses to specific questions
- Clarify how standards apply in real-world situations
Examples:
- The September 3, 2015 letter explained fall protection for workers on bridge decks with 32-inch high walls
- The April 27, 2015 letter gave guidance on personal ladder boom systems
You can find all these resources on OSHA's website at www.osha.gov.
Employer Responsibility and Common Fall-Related Hazards
Employers in the construction industry have a legal obligation to provide a safe work environment for their employees, particularly concerning fall protection. Thus, they must be aware of several key OSHA-identified hazards that contribute to most fall-related injuries in construction:
Unprotected Sides, Wall Openings, and Floor Holes
These hazards are particularly dangerous on multi-story construction projects. OSHA recommends:
- All openings 6 feet or more above lower levels must have protection like:
- Guardrail systems, safety net systems, or personal fall arrest systems (PFAS)
- Immediate covering or guarding of floor holes during new construction
- Regular site surveys and audits to identify and address openings or holes
- Ensuring floor hole covers can support at least twice the weight of workers, equipment, and materials
Improper Scaffold Construction
While essential for many construction tasks, scaffolds can pose significant risks if not properly constructed. OSHA guidelines stipulate:
- Scaffolds must be capable of supporting their own weight and at least four times the maximum intended load
- Platforms must be fully planked or decked
- Guardrails, midrails, and toeboards must be installed on all open sides and ends of platforms more than 10 feet above a lower level.
Unguarded Protruding Steel Rebars
These pose a severe impalement risk if a worker falls onto them. OSHA standards require:
- All exposed rebar, onto which employees could fall, must be guarded
- Use protective covers or caps
Misuse of Portable Ladders
Improper ladder use is a common cause of falls. OSHA guidelines for ladder safety include:
- Positioning ladders at the proper angle (1:4 ratio)
- Ensuring ladders extend 3 feet above the landing
- Securing ladders to prevent displacement
- Maintaining three points of contact when ascending or descending
If you think your employer has failed in their duty to minimize and prevent the hazards below, please contact us today for a free case evaluation.
Legal Implications of Fall Accidents
When a fall happens on a construction site, it can lead to serious injuries. Victims may pursue the following claims:
A. Workers' Compensation Claims
- Most fall-injured employees are eligible for workers' compensation benefits
- These typically cover medical expenses and a portion of lost wages
- The claims process can be tricky, so legal help is often needed
B. Personal Injury Lawsuits
- While workers' compensation is usually the exclusive remedy against an employer, exceptions exist.
- If gross negligence can be proven, or if a third party (e.g., subcontractor, equipment manufacturer) is responsible, the injured worker may file a personal injury lawsuit.
- These lawsuits can potentially result in higher compensation, including damages for pain and suffering.
Given these complex issues, having a good lawyer is crucial. An experienced construction accident attorney can:
- Handle workers' compensation claims.
- Look for third-party lawsuits.
- Make sure all options for compensation are explored
Seeking Justice for Fall-Related Injuries?
We fight for fair compensation for construction workers. Reach out to Porter Law Group for expert legal guidance today.
Real-World Consequences
Background
Material Handling Systems/MHS Technical Services was contracted to dismantle and install conveyor systems.
Incident
On February 9, 2016, a 42-year-old employee fell 22 feet to his death while working on the project. The incident occurred four months after OSHA had cited the employer for failing to provide fall protection at the same job site.
OSHA Investigation
Following the fatality, OSHA found multiple safety violations:
- Three egregious willful violations for exposing workers to falls over 6 feet.
- Three repeated violations and three serious safety violations
- Other workers were exposed to falls of up to 22 feet while hoisting conveyor equipment on raised surfaces with unprotected sides.
- The company failed to determine if walking and working surfaces could structurally support employees.
- Workers were allowed to use a combustible polyethylene tarp as a welding curtain, creating a serious fire hazard.
Legal Action and Outcome:
- On July 29, 2016, OSHA cited Material Handling Systems/MHS Technical Services for the violations discovered during the investigation.
- The company faced total proposed penalties of $320,400.
- Companies contracting with Material Handling Systems were called on to take decisive steps to ensure worker protection and to consider terminating contracts if the employer continued to violate OSHA regulations.
Suffered an Injury Because an Employer Failed to Maintain OSHA Safety Standards?
At the Porter Law Group, we stress the importance of worker safety and protect their rights to prevent unwanted tragedies. If you or a loved one has been injured in a construction fall accident, contact us today at 833-PORTER9 or online to schedule your free, no-obligation consultation. We work on a contingency fee basis, so you won't need to pay any fees unless we win your case.
Let our fall accident attorneys fight for the compensation you deserve.