When It Comes to Construction Worker Safety: New York City Diverges from the Rest of the State
There are several possible reasons the construction industry has seen an increase in workplace fatalities in New York State this decade. One, of course, is the improving economy, which has increased construction and general economic activity since the depths of the Great Recession. However, a quick look at how these trends compare, between New York State and New York City, suggest that there may be other factors involved. Since 2014, while statewide construction worker fatalities have increased, construction worker fatalities in New York City have actually declined slightly. The New York Committee for Occupational Safety and Health attributes these diverging trends to different policies when it comes to workplace safety. OSHA Inspection Activity The Occupational Safety and Health Administration (OSHA), a division of the Department of Labor responsible for enforcing workplace safety standards have generally seen reduced funding and scaled back their operations. Nationally, this has taken the form of reduced proactive workplace inspections. Since 2010, the number of inspections performed by the OSHA has decreased by about 20% overall. The number of proactive inspections has declined by 38%, leading to a 32% reduction in overall violations. It is natural to wonder if this reduction proactive enforcement activity has lead to increased hazards in the workplace. Unfortunately, the evidence is inconclusive at this point. While the fatality rate in New York State for construction workers has increased, the overall rate of non-fatal injuries, across the entire country, which is the full jurisdiction of the OSHA, has declined, as part of a long-term trend. This long-term, national trend is likely a result of technological advances that help make all kinds of workplaces safer. The increase in construction worker deaths in New York sate may be a result of other factors, specific to the State or the Industry. New York City’s Recent Initiatives With less enforcement of workplace safety at the Federal level, it is also natural to wonder what can be done at the state and local levels. This is where New York City diverges from the rest of the State. Unlike the State, New York City has a Department of Buildings, capable of providing construction workers with workplace safety enforcement not provided by the Federal Government. Also, New York City recently took on a few additional initiatives, which include… Mandating 40 hours of training for construction workers on projects of ten stories or more Enforcement strategies designed to target the four most common sources of unnecessary worker deaths; falls, electrocutions, being struck by and object, and getting caught in machinery Reporting on specific incidents to more consistently remind workers what can happen if they are negligent These initiatives, along with the resources available to the City, have lead to a drastically different outcome between the City of New York and the rest of the State. The rate of fatal incidents among workers is significantly lower for New York City than Statewide. In fact, for construction workers, New York State is significantly more dangerous than the Nation as a whole. Meanwhile, construction workers in New York City, despite having a higher risk of falls due to the number of tall buildings in the City, actually have a lower rate of fatal injuries on the job than the nation as a whole. So, Is NYC Safer for Construction Workers? It is still unclear whether our workplaces are getting safer. It would require some more extensive study to determine what adverse affects the reduction in proactive enforcement from the Occupational Safety and Heath Administration are having on workplace safety. However, there is strong evidence to suggest that New York City has created a safer environment, particularly for construction workers, than the rest of the State of New York. In any workplace, the goal should be to avoid all unnecessary death. In recent years, it appears as if New York City is moving in the right direction, while New York State is not.
Construction Fatalities in NY
A 34-year-old construction worker from the Bronx was killed on a construction site in Queens last month after hitting his head on a low beam. The incident was not only tragic but began raising questions about the safety of the high-rise worksite and the company the worker was employed for. Unfortunately, construction fatalities such as this one are not uncommon, especially in the state of New York. New York Construction Fatalities Are On The Rise In a report released by the New York Committee for Occupational Safety and Health (NYCOSH) a record-breaking 71 construction workers died on the job in New York State in 2016, 21 in New York City alone. As more and more families continue to be hit by tragedy, safety advocates around the state are examining what is causing these fatalities and where change is needed most to reduce them. What’s Causing NY Construction Fatalities? Over the past five years, New York State has seen a 29.5% increase in construction fatalities according to the NYCOSH. When examining the data, the following variables considerably impacted the number of deaths reported each year: Falling hazards: Construction sites with high rates of falling hazards continue to cause unnecessary deaths throughout the state. Falls have contributed to the death of 218 workers in the last ten years, remaining the number one cause of death in the construction industry. Non-union worksites: Private worksites have higher rates of death and injury than union controlled sites, resulting in 94.7% of construction fatalities in 2016. Underfunded enforcement agencies: Over the past 20 years, OSHA inspections of construction sites have drastically decreased due to underfunding, causing fewer safety inspections and corrections of unsafe construction practices. Low fines for construction companies: OSHA fines for construction companies have actually decreased by 7%, providing less incentive for construction sites to spend money on safety equipment and injury prevention methods. Fraudulent safety training: Some contractors pressure employees to obtain fraudulent safety training cards to avoid paying for safety courses and getting fined by OSHA for not having the certifications on site. Preventing Construction Fatalities With such an alarming spike in construction fatalities, doing nothing to change these statistics is not an option New York can afford. A serious overhaul of construction safety practices is needed to ensure employers are held responsible for protecting their employees on the job site at all times. In NYCOSH’s January report, the committee provides several recommendations for how New York State can decrease its high rate of construction deaths and prevent fatal injuries on the job going forward: Requiring adequate safety training for workers: By upping the requirements on safety training and certifications, workers will be more adequately trained in how to prevent construction injuries and deaths. In 2017, New York City enacted rigorous construction safety laws such as requiring 40 hours minimum of safety training, establishing funding streams to ensure employers had access to credible training courses, and increasing the licensing and certifications needed in highly dangerous fields of construction. Extending current safety legislation: Safety legislation such as New York’s Scaffold Safety Law and Carlos’ Law focus on holding building/property owners and employers responsible for worker injuries. Keeping and defending this legislation is extremely important in reducing construction deaths. Crackdown on enforcement and monitoring: Making sure criminal contractors and construction companies are prosecuted and held responsible for unsafe behaviors is essential to protecting workers. The state cannot be lax on revoking licenses and permits for safety violations. NYCOSH also believes directing funding towards more OSHA inspections would be extremely helpful in monitoring issues before deaths occur. Protecting Latino and immigrant workers: Employers must be held accountable for protecting all employees equally. Latino and immigrant workers are less likely to report safety violations in fear of exploitation by employers. Recent spikes in immigration raids have given even more power to crooked employers who willfully violate the health and safety of their Latino and immigrant employees. New York State Is Behind New York City has already taken extreme initiatives to fight back against construction fatalities and New York State needs to follow suit. Without revised safety legislation, proper allegations of funding, and stricter regulations on employers, construction deaths will continue to rise across the state causing more families pain and suffering when their loved ones don’t come home from work. If you’ve been injured in a construction accident due to the negligence of an employer or building owner, call the personal injury experts at Siler & Ingber. Our winning attorneys strongly believe in protecting the rights of workers and will help you seek justice for your injuries. Contact us to schedule a free consultation 1-877-529-4343 or click on the form below.
