Construction News Roundup: What’s Happening in Safety and Liability
New York City construction deaths have increased, and negligent contractors could be facing larger fines. In case you’ve missed any key developments, here’s a look at the recent cases and legal developments in New York and the rest of the country.
New York Contractors Could Face Bigger Fines
People’s World says New York will fine contractors $500,000 when negligence results in death or severe injury. The change is part of a move to hold contractors responsible. People’s World explains that non-union contractors have been able to exploit non-union and undocumented migrant workers, and local prosecutors have been reluctant to go after contractors to hold political power. Construction Dive says Carlos’ Law, which was signed into law in December, will increase the penalty by 50 times. An attorney referenced in the article says this should only worry contractors who are negligent or reckless regarding worker safety.
New York City Construction Deaths Increased in 2022
According to the Commercial Observer, a Department of Buildings report reveals that 2022 was the deadliest year in New York City construction since 2019. The increase in deaths may be due to an increase in construction activity rather than an increase in negligence. According to the office of New York State Comptroller, the COVID-19 pandemic caused construction industry growth to come to a halt, especially in New York State and New York City. Construction spending in New York City dropped by 8.5% between 2019 and 2020.
Subcontractor Fined $128,132
According to The City, a subcontractor who was overseeing the construction of a high-rise building in Brooklyn has received a $128,132 OSHA fine in connection to a fatal incident. The fatality occurred in November, when a construction worker fell to his death. The subcontractor was found to be in willful violation of federal workplace safety standards for failing to properly secure ladders and scaffold fall protection. The City says construction safety advocates have described the fine as unusually high.
Fine Proposed After Cave-In Death
WFSB says OSHA has proposed a $375,021 fine in connection to a deadly cave-in at a construction site in Manchester, Connecticut. A worker died after a trench caved in, burying him in dirt. An OSHA investigation determined that the company failed to provide the trench with a protective system to prevent collapse, failed to ensure there was a way to safely exit the trench and failed to have a competent person conduct inspections before and during work.
Two Boston Contractors Face Fines over Injury
Boston 25 News says two contractors are facing hefty fines after a mezzanine collapse resulted in a construction worker losing his legs. A concrete mezzanine platform collapsed in May, and an OSHA investigation found the contractors did not provide adequate demolition and asbestos safeguards. OSHA is proposing nearly $400,000 in penalties for willful and serious violations.
Traffic Snag Leads to Citation
Worker injuries aren’t the only reason for fines. WRAL says a contractor received a $25,000 fine for causing a Tuesday morning traffic jam on the I-440 in Raleigh. The construction occurred overnight, but the contractor did not clear the road by the agreed upon time, contributing to heavy traffic and long delays the next morning.
Fake Construction Training Cards
ENR New York says Odessa Safety, a company based in Brooklyn, offers training courses that allow construction workers to obtain the job safety certificates that they need to work on big and complex New York City job sites, and Odessa employees also do worker safety monitoring on various job sites. Multiple complaints of bricks falling on cars, unsafe scaffolding, a lack of demolition permits, a lack of guardrails on upper floors and other safety issues prompted inspections, which resulting in violations against the contractor that Odessa was tasked with monitoring. An undercover investigation has also led to criminal charges against the owner for selling fake safety training certificates. ENR New York says that cons like this have become a problem as scammers try to take advantage of New York City’s training requirements, which are designed to keep workers safe and prevent deaths.
Are You Keeping Up with Developments in Safety and Liability?
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