Last Updated on October 17, 2024

OSHA Guidelines and Standards You Need to Know If Injured in a Fall Construction Accident

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 US
View Client Testimonials

Our Recent Case Results

$17,800,000

Settlement

$13,500,000

Jury Verdict

$8,300,000

Settlement

$8,250,000

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::

  1. 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.
  1. 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
Envelope Icon

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.

Contact Us

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:

  1. Three egregious willful violations for exposing workers to falls over 6 feet.
  2. Three repeated violations and three serious safety violations
  3. Other workers were exposed to falls of up to 22 feet while hoisting conveyor equipment on raised surfaces with unprotected sides.
  4. The company failed to determine if walking and working surfaces could structurally support employees.
  5. Workers were allowed to use a combustible polyethylene tarp as a welding curtain, creating a serious fire hazard.

Legal Action and Outcome:

  1. On July 29, 2016, OSHA cited Material Handling Systems/MHS Technical Services for the violations discovered during the investigation.
  2. The company faced total proposed penalties of $320,400.
  3. 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.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on October 17, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on October 17, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
PLG Personal Injury Logo

Get a Free Consultation

Contact us to schedule a free, no-obligation meeting to discuss your case and to gain some peace of mind from having all of your questions answered.
Our mission is simple: to defeat the powerful insurance companies that will stop at nothing to take advantage of our injured clients and their families.

If you or a family member has suffered a catastrophic injury or death due to someone’s negligence, you get only one shot to hire the best law firm for your family—the one with the experience and proven ability to get our clients the justice they deserve. Choose the Porter Law Group.
PLG Logo
Albany Office
69 State Street
13th Floor
Albany, NY 12207
Buffalo Office
50 Fountain Plaza
Suite 1400
Buffalo, NY 14202
NYC Office
1177 Avenue of the Americas, 5th floor
New York, NY 10036
Rochester Office
510 Clinton Square, Rochester, NY 14604
Syracuse Office
100 Madison Street,
15th Floor
Syracuse NY 13202
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship.

The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis or treatment. Attorney Advertising.

We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.

Copyright © 2024, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
magnifiercross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram