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Construction Workers' Rights to Safety

Although they will often go to great legal lengths to deny it, construction contractors and developers are fully responsible for safety on construction sites. This responsibility extends not only to compliance with standards of safety for the men and women whom they employ, but also for residents and passersby who may come in contact with the construction site. Unfortunately, in a market where competition is always stiff, many construction contractors will cut corners in safety costs in order to keep their overall costs under budget.

As a law firm based in the growing region of Norfolk and serving Chesapeake, Newport News, Virginia Beach and all other areas of the Tidewater region, the attorneys of Breit Drescher & Imprevento are frequently called upon to hold construction contractors and developers accountable when their negligence leads to injury or death to construction workers or civilians. Below are some of the most common OSHA and safety violations we encounter on construction sites:

Defects in Tools and Equipment used in Abrasive Grinding: Many tools used in construction are used to grind, shape or alter steel, concrete and other hardened substances. To prevent injury, floor and bench-mounted grinders must be properly secured according to precise specifications. Malfunctions to these tools can lead to dangerous projectiles that can injure eyes, hands, the face and other body parts. In addition, adequate safety gear must be provided and worn by all construction workers using grinders.

Safety in Confined Spaces: Construction workers are often required to work in confined spaces, such as storage tanks, process vessels, bins, boilers, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, pits, tubs, vaults, and vessels. Before any construction worker enters a confined space, the employer is required to brief the construction worker on any real or potential hazards they may encounter, such as toxic fumes, explosive pipes or utilities. All required safety equipment must be provided by the employer.

Safety using Hoists, Cranes & Derricks: Compliance with the manufacturer's instructions when using heavy equipment is essential on any construction site. Employers are required to post these instructions clearly on the equipment itself, and also around the area where the equipment will be used. With cranes, employers are required to stay within its swing radius, ensure that the crane’s operation doesn’t exceed recommended speeds, and erect barricades and other structures to avoid employee and/or bystander injury. Annual inspections are required by qualified personnel, and maintenance and repair records must also be kept.

Aerial Lift Safety: Aerial lifts include platforms, articulating boom platforms, and vertical towers. Employers are responsible for ensuring that employees are trained and authorized to operate aerial lifts. This training includes the knowledge of setting brakes and using outriggers, the limits on boom and basket loads, the wearing of fall protection gear, and avoiding the use of ladders or stools to raise the employee above the platform’s height. No modifications can be made to aerial lifts without the express written consent of the manufacturer.

If you or a loved one have been injured on a construction site, it’s important to have experienced attorneys review your case for the possibility of negligence, either by the contractor, developer or other party responsible for compliance with construction site safety guidelines. In Norfolk, contact Breit Drescher & Imprevento today.

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