Let Us Be Your Right Hand For Your Injury Case.
We Make It Right!
Scroll or swipe to go to the page.
Insight

Structurally Unsound

Too often, developers and contractors put profits above the people who work for them. Construction site safety is nonnegotiable. Here’s how to make that aspiration a reality.

Two construction workers in PPE at construction site
Daniel P. O'Toole

Daniel P. O'Toole

May 18, 2023 09:16 AM

A CONSTRUCTION SITE can be a dangerous place to work. Sites that prioritize worker safety require numerous, varied and intertwined precautions. The lawyers at Block O’Toole & Murphy often represent construction workers who have been injured, as well as families of workers killed in accidents on the job. Each case underscores the grave importance of site safety. Providing the right equipment, training and planning—and rigorously following regulations—are all vital to protecting the lives of construction workers.

Site Safety Is Not Limited to PPE

A common misconception, even within the industry, is that personal protective equipment (PPE) suffices as a pillar of workplace safety. This includes goggles, gloves, earplugs, face shields, respirators and hard hats. The National Institute for Occupational Safety and Health (NIOSH), in fact, outlines a hierarchy of controls that places PPE at the bottom, ideally functioning as workers’ last line of defense. The best strategies for minimizing risk appear much earlier in the timeline of any project.

The Occupational Safety and Health Administration (OSHA) recommends incorporating safeguards into the planning stages. This corresponds with NIOSH’s aforementioned hierarchy of controls: The first priority should be eliminating hazards altogether.

The individuals responsible for site safety can limit accidents by calling regular “toolbox meetings.” These sessions enable workers to learn about any safety issues unique to their job site and get an overview of what they’ll be working on and how best to accomplish the job securely. One hurdle we often confront is that most people talking in such meetings are doing so in English but many of the workers speak a different language. Proper toolbox meetings can make a difference in workplace safety at construction sites.

Reducing Falls on Work Sites

Falls are the most common hazard construction workers face. OSHA highlights the critical (but perhaps surprising) fact that falls from even as little as four to six feet can be deadly. As such, flooring is an often overlooked safety measure. For instance, when a staircase is erected for the purpose of construction work, it’s legally considered a safety device. A worker using it to access a basement renovation, say, might fall and suffer serious head injuries. The stairs may have been fabricated with shoddy materials and inferior craftsmanship, or without railings or slip-resistant flooring.

In some cases, workers can fall through poorly made or badly placed temporary flooring. We also see accidents in which existing flooring is insufficiently supported. This is sometimes linked to other work on the site; if the pounding of demolition in the basement has rattled the foundation, it can trigger a cave-in on the first floor. Another example: an errant aperture in the floor causes an unsuspecting worker to fall through.

Scaffolding presents inherent fall risks. While it’s usually unavoidable at most construction sites, scaffolding should be secured to ensure its stability. Likewise, built-in-place ladders and stairways are a better choice than portable versions.

Some built-in forms of fall prevention have a conveniently small footprint. Cast-in sockets, for example, provide tiny slots in stairways for easy guardrail installation. Steel beams used in elevated platforms can be fitted with comparable holes for the threading of guardrail cables. Guardrails themselves can sometimes be made from steel plates which are then built into the walls of the finished structure. Finally, permanent roof anchors are compact fasteners that serve as vital tie-off points for roofers.

Harnesses and nets can be useful as a final safety measure in the event of a fall. However, nets require careful placement to be effective. A safety harness known as a Personal Fall Arrest System (PFAS) should be attached to a lifeline that can support 5,000 pounds. While one person weighs only a fraction of this, the total force of a fall includes the physics of rapid deceleration. Like any equipment that may affect a worker’s survival, harnesses should be inspected routinely for signs of wear or damage. Finally, a harness is only as strong as its tie-off point. Supervisors should make sure there are enough sturdy tie-off points to which workers can secure their harness.

Contending with Excavation Hazards

Falls are common throughout the construction industry, but excavation is the most dangerous aspect of the job. Disturbingly, its death rate is double that of the wider industry thanks largely to the constant threat of cave-ins. Even trenches just four feet deep require exit systems like ladders.

Several engineering solutions can mitigate cave-in risks. A technique known as “benching” carves out layered steps within the earth; “shoring” braces the sides of an excavation with materials such as aluminum or wood; and “shielding” describes boxlike structures that protect workers in the event of a collapse.

To help predict the chance of a cave-in, trained personnel are required on site to monitor and analyze soil conditions. As the American Society of Safety Professionals (ASSP) stresses, construction sites can change significantly over the course of even a single day. This is particularly true for excavation, where oxygen levels, fumes and changing weather must all be monitored.

To reduce underground work done by humans in the first place, hydraulic jacks can be used to widen trenches safely from above. Trenchless technology can also complete certain tasks through mechanical tunneling.

Addressing Administrative Problems

Management negligence is always an urgent concern for construction workers. Hazards can arise from inadequate training, enforcement, rotating employees among different projects and the order in which work is done. Many serious accidents, regrettably, are caused by managers rushing timelines—which stems from the menace of an employer or general contractor placing profits over people.

Unionized workers are less exposed to accidents, as their projects have better oversight. Regardless, the New York City Department of Buildings (DOB) has reported hundreds of injuries and dozens of fatalities in construction over the past seven years. Most of those victims were nonunion, lacking the protection of organized labor behind them. They’re often undocumented workers who might recognize dangers on site but who lack the power to demand changes or refuse work.

When immigration status is a source of anxiety for such plaintiffs, part of our job is to assuage their fears: to let them know they have rights and that their status is not an impediment to bringing a case. To help comfort them, we show how we’ve protected people in similar situations before. Unfortunately, the grievous exploitation of these workers, paired with an increase in major construction projects, has led to many accidents in New York as the city and its skyline continue to expand.

Meanwhile, regulators struggle with considerable roadblocks. Organizations tasked with the responsibility of inspecting sites, such as OSHA and New York’s DOB, are hindered both by staffing shortages and ineffectual deterrents to noncompliance. A paucity of inspectors coupled with more construction means each officer must conduct more visits per day than previously. Any violation uncovered consumes considerable additional time.

Regulatory institutions can fine wrongdoers, but legally, nothing substantial automatically happens after an accident. In the case of a wrongful death, no consequences ever match the severity of the injustice. The processes to amend safety guidelines are also moving slowly; the industrial code that covers construction work is decades old.

No matter the size of a project, it’s imperative for everyone involved to follow a comprehensive safety plan. Time and again, employers place the bottom line above all else, forgetting that human lives hang in the balance.

Daniel P. O’Toole is a partner at Block O’Toole & Murphy and co-chair of the Labor Law Committee for the New York State Trial Lawyers Association (NYSTLA). His career has been marked by historic results, including $110 million and $32 million verdicts; he has handled construction accidents, motor vehicle accidents and other serious injury cases for more than three decades. In his longtime role at NYSTLA, O’Toole remains dedicated to advancing worker safety.

Click to Explore the full Injury & Malpractice Legal Guide button
Headline Image: Adobe Stock/ tong2530

Related Articles

Building a Safer Culture


by Stephen J. Murphy

More construction workers die on the job in the U.S. than in any other occupation, yet rules and regulations are often honored more in the breach than the observance. Here’s an overview—and a blueprint for change.

Construction worker on high rise building above city

Best Lawyers: The Injury & Malpractice Legal Guide 2023


by Best Lawyers

Best Lawyers is proud to launch our first ever Injury & Malpractice Legal Guide, featuring all recognized lawyers for personal injury and medical malpractice specialties in Best Lawyers.

Zoomed in image of a cracked glass

IN PARTNERSHIP

Athea Trial Lawyers


by Justin Smulison

Athea Trial Lawyers is a nationally recognized firm who has received record-breaking victories throughout the country on behalf of personal injury victims.

women with shades of blue in mass arrangement

IN PARTNERSHIP

Mastering the Art of Trial Practice


by John Fields

With its billion-dollar track record, Morelli Law Firm has earned a reputation as one of the country's most successful trial firms.

Morelli and team at table in office with windows

IN PARTNERSHIP

Rash Mueller Knows What it Means to Help


by Jeffrey Beasley

David Rash of Rash Mueller draws from first-hand experience on the affects of tragic personal injury and loss. His Florida law firm has spent years dedicated to helping the injured find justice.

Doctor with scope reviewing brain scan on screen

IN PARTNERSHIP

Salvi & Maher, LLP: Illinois and Wisconsin's Personal Injury Firm


by Justin Smulison

For more than 35 years, Salvi & Maher LLP has defended their clients throughout Illinois and Wisconsin in various areas of personal injury law, including medical malpractice, motor vehicle accidents, premises liability and trucking litigation.

Skyline of Chicago with green river and blue background

The Tragic Limitations of New York’s Outdated Wrongful Death Law


by David Scher

New York might be a progressive state in many respects, but its wrongful death law is itself a regressive tragedy—essentially the same statute first passed in the mid-1800s—that prolongs and deepens grieving families’ suffering. This must change.

Grieving person sitting on park bench in front of ocean and storm

Unwelcome Guests


by Michael Winkleman

Evidence indicates that, like cruise ships, hotels are home to a “hidden epidemic” of rape, sexual assault and other crimes. Much more needs to be done to combat this scourge.

Door opening to a hotel room showing a neatly made bed

Hit by a Truck? Here’s What Victims Need to Know


by Jeffrey A. Block

If you’re a driver or passenger in a car involved (or, especially, injured) in an accident with a much larger, heavier vehicle, it can seem Sisyphean just to get your life back on track. But you can do it, armed with this critical information.

Car turned on its side in grass after collision with truck

Your Own Best Self


by Frank L. Branson

For trial lawyers who seek to convince a jury—which would be all of us—the key is to be yourself, establish your credibility and then do nothing to undermine the trust you’ve built up.

View of courtroom judges stand from the lawyer bench

IN PARTNERSHIP

Emroch & Kilduff: Virginia's Personal Injury & Medical Malpractice Attorneys


by Emroch & Kilduff

For over 40 years, the award-winning Virginia-based firm Emroch & Kilduff has worked to represent their personal injury clients in both state and federal courts.

Skyline with water and bridge on blue background

IN PARTNERSHIP

Michels & Lew 40 Years of Fighting for Victims


by Philip Michels

Michels & Lew has spent 40 years fighting for victims of personal injuries in California.

Medical professionals in masks and scrubs in operating room

IN PARTNERSHIP

Needle & Ellenberg: Helping Victims of Medical Malpractice Receive Compensation Throughout Florida


by Needle & Ellenberg

Needle & Ellenberg, P.A. discuss five common types of medical malpractice that can help determine if you have a potential claim.

Doctor with hand on face reviewing scan with another doctor in backdrop

IN PARTNERSHIP

Five Decades of Success


by Neil Dymott Attorneys

For over five decades, Neil Dymott Hudson, APLC has been dedicated to handling personal injury cases in San Diego, California.

shaking hands in light

IN PARTNERSHIP

Personal Injury Firm Robb & Robb LLC Gets Results


by Robb & Robb

Since 1984, Kansas City-based personal injury firm Robb & Robb LLC has been dedicated to getting the best result for their clients.

Plane flying over buildings in Kansas City

IN PARTNERSHIP

Sugarman and Sugarman, P.C.: Serving Massachusetts for Over 6 Decades


by Sugarman and Sugarman

For over 60 years and counting, the attorneys at SUGARMAN have devoted their careers to prosecuting some of Boston’s most complex personal injury cases.

Front door of James Building with gold framed doors

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call