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In Steel Institute of New York v. City of New York, the City of New York's local statutes and regulations that govern the use of cranes, derricks, and other hoisting equipment in construction and demolition were challenged as being preempted by OSHA. The Steel Institute clearly sought to relieve the construction industry from having to comply with the City’s more stringent, and likely more costly, standards. If the City’s regulations were found to be directed towards workers’ safety, they would have been preempted and unenforceable. What saved the City’s regulations was the extraordinarily high density of people and property in the City such that in most cases construction worksites abut or spill over into adjoining lots and public streets.  The District Court stated: “Cranes therefore pose a unique risk to public safety in New York City ....”

A public hearing was held yesterday, April 26, 2013, at The New York City Buildings Department regarding proposing new rules implementing tougher requirements for department-approved courses that individuals in the construction trades must take as part of trade license qualification, license renewal and worker training. The proposed requirements include course content requirements, course review, course instructors, course facilities, attendance records, course completion and course providers. The construction trades that must take department-approved courses include: Concrete Safety Manager, Hoist Machine Operator, Site Safety Manager, Site Safety Coordinator, Rigger ,Filing Representative, Construction Superintendent, Electrician, Master Plumber, Master Fire Suppression Piping Contractor, Supported Scaffold Worker, Suspended Scaffold Supervisor, Suspended Scaffold User, Mast-Climbing work platform.

Last month the Occupational Safety and Health Administration (OSHA) issued a Request for Information to initiate the fourth phase of its Standards Improvement Project (SIP).  The purpose of SIP-IV is to improve and streamline existing OSHA construction standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with, other standards. The submission deadline is February 4, 2013. Earlier this month the U.S. Department of Labor today announced the winners of its Worker Safety and Health App Challenge, which awards prizes totaling $30,000 to four entrants who submitted tools that best demonstrate the importance of recognizing and preventing workplace safety and health hazards, and help young people understand their rights in the workplace. The prizes awarded are the Safety in the Workplace Innovator Award,the Safety and Health Data Award, the Workers' Rights Award and the People's Choice Award.

Winter weather always brings added risks of injury due to snow and ice.  Pedestrians can slip and fall on sidewalks and other places.  Vehicles can slide on slick road surfaces.  So too does winter’s cold bring additional risks to construction sites and those who work there or pass by.  Winter weather can increase the risk of falls at construction sites and of heavy machinery malfunctions causing injury and even death.  The New York City Buildings Department has suggested 10 tips on how to properly safeguard a construction site during the winter months. These suggestions include: fire safety precautions,safeguarding pipes, safeguarding a water tank, secure equipment, secure temporary structures, no work in icy conditions, no work in stormy conditions,hoist safety and crane safety.

Your first reaction may be, “You mean right now they’re not?!”  After three accidents, two of them fatal, in six months, the City Council is considering licensing elevator mechanics for the first time. The council is also considering a bill to require safety devices in some residential buildings to prevent elevators from skyrocketing to the ceiling.  New York is among just 14 states that do not require that elevator technicians be licensed.  Three-dozen other states already license elevator mechanics.  According to the International Union of Elevator Constructors, 25 percent fewer elevator accidents occur in states where licensing and mandatory inspections are required.  There are about 60,000 elevators in the city, and about four elevator fatalities a year.  In 2011 in the city there were 43 elevator accidents, compared with 105 in 2007.

The 2011 Annual Report, released last month, touts New York City as the nation’s safest big city in 2011.  2011 marked a near-historic low number of fire fatalities, a 10th consecutive year of fewer than 600 murders, a record-breaking low number of traffic deaths — and an 18% decrease in construction-related accidents, which follows an almost 28% reduction in 2010 from 2009.  Construction-related injury rates also continue to improve. There were approximately 8% fewer injuries in 2011 over 2010, following a nearly 32% decline in 2010 from 2009. Construction-related fatalities remained low, with five caused by falls or shoddy construction.  The Buildings Department issued 23% fewer Stop Work orders.

In Dahar v. Holland Ladder & Manufacturing Company, the plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer.  The product was a steel wall module that was at least seven feet high. After the module was fabricated, it had to be cleaned before it was shipped. Plaintiff was cleaning the unit while standing on a ladder when it broke and he fell to the ground. Plaintiff claimed that the ladder failed to provide “proper protection”; and liability should be imposed under Labor Law 240(1). The Court of Appeals rejected the plaintiff’s contention that the product was a structure within the meaning of the statute and held that his activity was not protected by Labor Law 240(1). The decision is important for plaintiff’s personal injury lawyers because it contains helpful language that should be cited in every motion, brief or legal writing involving a Labor Law 240(1) claim.

There was an 18 percent decrease in construction-related accidents in New York City for 2011, despite a 7.7 percent increase in the issuance of construction permits citywide. Construction-related injuries also decreased across the City last year – falling from 165 reported accidents in 2010 to 152 in 2011, a reduction of 7.8 percent. In total, there were five construction-related fatalities in 2011, a slight increase from four fatalities in 2010, but a 73 percent decrease when compared to 2008.  While the most common construction accident remains workers falling, the number of workers who were injured in a fall declined from 66 in 2010 to 52 in 2011, a 21 percent decrease.

In reviewing the many ways that New York City is planning for Hurricane Irene, including mandatory evacuations and a total shutdown of the subways and trains, it was noticed that there is a concern for the 26 tower cranes presently located in the city. 13 of the cranesare at the World Trade Center construction site. They are only built to withstand winds of 65 mph or less. They do not disassemble quickly and may not be able to be taken down in time for the storm. In light of the forecast for winds in excess of 65 mphthe cranes seem more like sitting ducks. Not that anyone needs to be told, people should stay far away from all Tagged with: Events Construction Accidents Crane Personal Injury Lawyer Accident Attorney

There are 21 federal statutes that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) enforce to protect employees who report violations of workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. The whistleblower provision laws inhibit an employers ability to retaliate against any employees that bring up concerns with the workplace or give protected information to the employer or the government. Based upon the findings of an audit of OSHAs whistleblower program performed by the Government Accountability Office in 2009 and 2010, as well as an OSHA internal review, significant changes were made to the Whistleblowe