Understanding OSHA Regulations in NYC Construction Accident Cases

New York City is known for many things. Its glitz, its glamor, and its grit. Its towering skyscrapers and its glistening skyline. While many New Yorkers bemoan the development that constantly changes that skyline, there is no doubt that the construction business is booming in Gotham.

In its 2023-2025 New York City Construction Outlook Report, the New York Building Congress projected that New York City construction spending would reach $83 billion in 2023, with total construction spending expected to reach $261 billion over the 2023-2025 period. The report also anticipated that construction employment would grow by nearly 19,000 new jobs over the next three years. Specifically, employment in the construction of buildings, heavy and civil engineering, and specialty trades was expected to reach 153,000 jobs in 2023, growing to pre-pandemic levels by 2025.

Meanwhile, New York City permit data shows that Brooklyn led all of the boroughs in the number of construction permits issued in the second quarter of 2023 with 2,135. Of those, 838 were for new builds, 1,186 were for major alterations that would change use, egress, or occupancy (Alt 1), and the rest were for complete demolition projects. Queens came in next with 792 job permits for new builds, 714 for major alterations, and 111 for demolition projects. They were followed by The Bronx with 412 permits for new builds, 270 permits for major alterations, and 89 for demolition; and Manhattan with 185 permits for new builds, 491 permits for major alterations, and 52 for demolition. Staten Island rounded out the field with 426 permits for new builds, 133 for major alterations, and 32 for complete demolition.

New York City construction data also shows that the total number of permits issued for all construction projects in the five boroughs increased from approximately 22,000 in the first quarter of 2000 to nearly 44,000 in the second quarter of 2017. The total number of permits issued in the five boroughs topped 40,000 in the second quarter of 2023, according to the New York City Department of Buildings.

Construction Safety and Accident Data

The 2023 New York City Construction Safety Report published by the New York City Department of Buildings highlights a significant increase in construction-related incidents and injuries. The report shows that there were 841 construction-related incidents in 2023, an increase from 752 in 2022, marking an 11.8% rise. Additionally, the number of construction-related injuries climbed to 692 in 2023, up from 554 in 2022. Despite this rise in incidents and injuries, the number of fatalities decreased, with 7 fatalities recorded in 2023, compared to 11 in 2022. This marks the lowest number of fatalities in nearly a decade. Notably, the increase in injuries reflects a broader trend following the COVID-19-related construction shutdowns, with construction injuries rising every year since 2020.

What Is The Occupational Safety and Health Act of 1970?

In an effort to reduce the risk of workers getting seriously hurt or killed on the job, federal lawmakers passed the Occupational Safety and Health Act of 1970 (OSH Act) over 50 years ago. The law aims to protect all workers, including those in New York City, by mandating that employers ensure safe working conditions that are “free of known dangers.” The Occupational Safety and Health Administration (OSHA) was created under this law to enforce safety standards and ensure compliance across various industries.

Employer Mandates Under The Occupational Safety and Health Act of 1970

Specifically, employers must:

• Comply with standards, rules, and regulations issued under the OSH Act.
• Examine workplace conditions to ensure they conform to applicable OSHA standards.
• Ensure that employees have and use safe tools and equipment, and properly maintain this equipment.
• Use color codes, posters, labels, or signs to warn employees of potential hazards.
• Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
• Provide safety training in a language and vocabulary workers can understand.
• Provide medical examinations and training when required by OSHA standards.
• Post the OSHA poster (or the state-plan equivalent) in a prominent location to inform employees of their rights and responsibilities.
• Report to the nearest OSHA office all work-related fatalities within 8 hours and all work-related inpatient hospitalizations, amputations, and eye losses within 24 hours.
• Maintain records of work-related injuries and illnesses. (Note: Employers with 10 or fewer employees and certain low-hazard industries may be exempt from this requirement.)

These responsibilities are part of ensuring that employees work in a safe and compliant environment. For the full list of employer responsibilities, visit the OSHA Employer Responsibilities page.

Workers’ Rights Under The Occupational Safety and Health Act of 1970

In addition to detailing employers’ responsibilities, the Occupational Safety and Health Act of 1970 grants employees specific rights designed to safeguard their well-being at work. These include:

• The right to request workplace inspections by OSHA inspectors.
• The right to request inspections and exercise other privileges without fear of retaliation, protected under OSHA’s whistleblower laws.
• The right to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace.
• The right to obtain copies of test results conducted to identify hazards in the workplace.
• The right to review records of work-related injuries and illnesses.
• The right to access their own medical records.

For more information on workers’ rights, visit the OSHA Workers’ Rights page.

What Is OSHA?

The **Occupational Safety and Health Act of 1970** created the Occupational Safety and Health Administration (OSHA). OSHA is the federal agency responsible for establishing, enforcing, and promoting workplace safety standards across the United States, including New York City. It is tasked with providing appropriate information, training, and support to both workers and employers. OSHA’s primary mission is to ensure that employers comply with safety standards and create safer working environments for employees, helping to reduce injuries and fatalities in the workplace.

OSHA standards cover all aspects of workplace safety, particularly in the construction industry. For example, Standard 1926.20(b)(3) prohibits the use of any machinery, tool, material, or equipment that does not comply with safety and health provisions. Another example is Standard 1926.28(a), which requires employers to mandate the use of personal protective equipment (PPE) whenever workers are exposed to hazardous conditions or where safety provisions indicate its necessity.

Additional OSHA standards apply to various construction activities, including welding, cutting, electrical work, excavations, and steel erection. These regulations are designed to protect workers from the specific risks associated with these tasks. OSHA enforces these standards through inspections and penalties for non-compliance.

It’s important to note that while OSHA operates at the federal level, some states, including New York, have OSHA-approved state plans that cover public sector workers. However, private sector workers remain under the jurisdiction of federal OSHA standards.

A complete list of applicable standards and regulations can be found on OSHA’s website.

Understanding The OSHA Inspection Process In New York City

OSHA has jurisdiction over approximately 7 million worksites across the United States. Accordingly, the agency prioritizes inspections based on the severity of hazards. The highest priority is given to worksites where there is imminent danger of death or serious injury. Worksites where severe injuries or illnesses have occurred are inspected next. Cases based on workers’ complaints are also given high priority. Referrals made by other organizations, agencies, or media are next in line, followed by targeted inspections of high-hazard industries and finally follow-up inspections to ensure hazards cited in previous inspections have been corrected.

On-Site Inspection Process

The on-site inspection process involves several steps. First, the compliance officer prepares for the inspection by conducting research, reviewing the worksite’s history, and gathering necessary personal protective equipment (PPE).

On the scheduled inspection date, the compliance officer presents their credentials and meets with the employer to explain the purpose of the visit. The employer may designate a representative to accompany the officer, and an employee representative may also be present. The compliance officer will then conduct a walkaround to check for hazards, review records, and ensure compliance with OSHA standards, including the proper posting of the OSHA notice. The officer may also interview workers during the inspection.

When an inspector finds violations of OSHA standards or serious hazards, OSHA may issue citations and fines. OSHA must issue a citation and proposed penalty within six months of the violation’s occurrence. Citations describe the OSHA requirements allegedly violated, list any proposed penalties, and provide a deadline for correcting the hazards. Violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, and repeated. More details can be found on the OSHA Inspections Factsheet.

Steps After the On-Site Inspection

After the inspection, the compliance officer may alert the employer to any issues that can be corrected immediately. The officer will also point out other hazards or violations found. Afterward, the officer will meet with the employer to discuss the results and explain what’s next.

If OSHA issues a citation, the employer can attend an informal conference with the OSHA Area Director. During the conference, both parties can discuss citations, penalties, abatement dates, or any other relevant information. At this stage, employers may also negotiate a settlement agreement to resolve the matter and correct the hazards.

Penalties Issued in Recent New York City Construction Accident

According to OSHA’s Inspection Detail, a Brooklyn concrete company is currently contesting penalties assessed by the agency in connection with a fatal construction accident that happened on February 2, 2024. The incident occurred when a 35-year-old man working for the company was “removing dirt in the basement level of a commercial building,” and a partial collapse occurred. Falling material struck and killed the worker, according to the Inspection Detail.

Based on its inspection, OSHA found that the concrete company had committed one serious and two willful violations of relevant health and safety standards. Specifically, OSHA found that the employer did not have a “competent person” inspect the excavations, the adjacent areas, and protective systems before work started and as needed throughout the shift. OSHA also found that the employer “did not ensure the stability of adjoining walls and structures was not endangered by excavation operations,” and that “the employer did not provide any bracing, shoring, or support when removing the soil.” Lastly, OSHA found that “the employer did not ensure that structural stability was maintained at all times.”

OSHA assessed penalties totaling $135,510 in this case.

Penalties Issued in Recent New York City Construction Accident

According to OSHA’s Inspection Detail, a Brooklyn concrete company is currently contesting penalties assessed by the agency in connection with a fatal construction accident that occurred on February 2, 2024. The incident took place when a 35-year-old man working for the company was “removing dirt in the basement level of a commercial building,” and a partial collapse ensued. Falling material tragically struck and killed the worker, according to the Inspection Detail.

Following its inspection, OSHA determined that the concrete company had committed one serious and two willful violations of safety standards. Specifically, OSHA found that the employer did not have a “competent person” inspect the excavation, adjacent areas, and protective systems before and during the shift, as required. Additionally, OSHA noted that the employer “did not ensure the stability of adjoining walls and structures” during the excavation and failed to provide adequate bracing, shoring, or support when removing the soil. Lastly, the company “did not maintain structural stability” at all times during the project.

As a result, OSHA assessed penalties totaling $135,510 for these violations. The company is currently contesting these penalties. More information can be found in the official Construction Safety Report.

Contact Experienced New York City Construction Accident Attorneys Today

If you were injured in a New York City construction accident and suspect it stemmed from your employer’s violation of OSHA standards, you have the right to file a complaint with OSHA. You can do so online, by phone, by mail, or in person at your local OSHA office. You may file anonymously or have someone file the complaint for you. Be sure to include your employer’s name and contact information. Keep in mind that the complaint must be filed within six months of the incident, as OSHA generally cannot issue citations for violations that occurred more than six months prior.

Given the complexity of these cases, it is also important to discuss your legal options with a knowledgeable New York City construction accident lawyer. Don’t leave anything to chance—contact us today.

For more information on filing a complaint, visit the OSHA Workers’ Complaint page or learn more about the process from LawHelpNY.