Construction Safety - What is Fall Protection?

Justin Rogers
Justin Rogers
Contributor
Posted by Justin RogersJuly 03, 2008 9:00 AM

This blog is the first of a multipart series directed towards construction workers who have been injured or killed from a fall, their families, and their attorneys. A number of men and women, in a number of different professions, risk being injured or killed from a fall while performing their employment duties. According to the Occupational Safety and Health Administration (OSHA), one-third of all fatalities in construction are the result of a fall. In addition, the National Institute for Occupational Safety and Health (NIOSH) report that the construction industry has more deaths from falling from an elevation than any other industry.

Construction worker falls can occur in a number of different situations and are sometimes the result of the most unusual of circumstances; however, no matter what the situation or circumstances, falls are preventable. Dangerous hazards that increase the risk of injury or death from a fall can be found all over a construction site. Roofs, open windows, skylights, bridges, scaffolding, aerial bucket trucks, steel I-beams, and walkways are all hazards where a fall could mean serious injury or death. Findings in an investigative report by NIOSH show that between 1980 and 1994 there was an average of 540 fatalities per year as a result of falling from elevation. The Bureau of Labor Statistics state that in 2006 the number of fatalities due to falls was 809, which was 2% below the all-time-high in 2004. Due to the dangerous and unpredictable nature of construction sites, it is easy to see how falls can happen anytime, anywhere, and under any circumstance. However, there is no reason that the number of construction worker fatalities and injuries cannot be reduced by training construction workers, adopting a fall protection plan, and using safety devices.

All of the hazards listed above are ones which are obviously dangerous. Where workers are placed in an environment where hazards pose an obvious threat of injury or death, steps should be taken to ensure their safety. The fact that a safety harness is uncomfortable or that it is too burdensome to train workers about fall prevention is no excuse. Following the standards and regulations regarding fall preventions is just like wearing your seat-belt; if you don’t, you’ll wish you did. It’s that simple.

In this series of blogs, a number of important issues related to protecting workers from falls will be addressed such as fall protection plans, personal safety devices, industry standards and regulations, and worker training programs.

4 Comments

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Jim
Posted by Jim
July 04, 2008 5:22 PM

As you probably know, here in Las Vegas, we have had more than our share of issues with construction workers falling. Many companies leave it up to the unions to do the training since it takes time away from production to conduct training. Unfortunately, the union doesn't always do such a good job of training. Many employers assume a veteran worker already knows how to tie off. Far too many workers have no clue and their ego won't allow them to speak up and admit it. Most worker who die make bad decisions that cost them. Unions always blame the employer or the developer. Yet when safety professionals ask for time to train or expect employers to hold employees accountable for their behavior, they are told NO! And when i say safety professional I don't mean someone who had a OSHA 10-hour class a month ago and is nwow the company safety director. OSHA is NOT the answer. OSHA is a law enforcement agency, not a safety and health organization. There already are enough laws to protect employees if employers allow the safety professional to do their job, we would see a difference.

Steve Lombardi
Posted by Steve Lombardi
July 08, 2008 2:33 PM

Jim: I have to agree with you. Your point of view is widely recognized in the labor industry. The answer of allowing those in the safety business to do their job is a valid suggestion and underlying concern. But will the employers allow you? As you point out the answer is usually, "No!". Now why is that? I'd suggest you work with your local OSHA office by making them aware of your concerns and your company's services. OSHA can then require construction site GC's to allow and pay for fall protection training as part of the solution when enforcing the OSHA laws locally. This is leverage that GC's should readily agree to in order to avoid fines or further enforcement action. In the end the construction workers and their dependents will benefit. And that's something we can all agree is a valid goal. What is your company name? Do you have a web site? Let us know. Steve

Jack Harvey
Posted by Jack Harvey
July 09, 2008 7:51 AM

Safety does have a vitsl role, but most of the good GC's are proactive with regard to safety. The problems is usually with subcontractors, they tend to hire how ever many workers they need to fill a job requirement and this must times leaves a GC with unskilled laborers and in most areas there is also a communication problem or an ICE concern because of the large hispanic workforce. These workers have little experiance and are usually afraid to let someone know that they do not know how to work safely, they just want to work and get paid. OSHA requires that your workers be trained in fall protection and provide proof of training to a GC or owner. The problem is the training they receive is either a video or a classroom involving a 30 minute to an hour of training and then they are trained. The companies procedure are not even questioned until there is a serious injury or a fatality. So the real problem is bigger than what a safety professional can control on a jobsite and I have not even mentioned the liability issues that are involve with who provided the training.

Steve Lombardi
Posted by Steve Lombardi
July 09, 2008 5:24 PM

Jack: Good points and you sound like a man who knows from experience about the real safety problems construction workers face. How then can we control the subs? I do know the GC under most construction contracts require them to follow safety standards and to enforce them. But do they pay any attention to that provision of the contract? And if they don't doesn't the GC have a legal obligation to step in and suspend the sub until it complies? Of course. And as a civil trial lawyer that is what I call "the rub". Ego will kill a construction laborer. They need to speak up and to report to OSHA any safety issues of concern. That is their responsibility. Protect yourself and those under and around you. And if the GC isn't doing it's job to enforce safety on the job site, then to report them to OSHA. You can do it privately and confidentially. OSHA will protect you and if they don't go through a lawyer who isn't authorized to disclose the worker's identity.

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