Wael Khalil, VP & Director of Safety & Health. Lovell Safety Management
In the challenging construction landscapes of New York State, employers face the formidable task of navigating through terrain complicated by the steep costs of insurance. This situation is largely exacerbated by the rigorous absolute liability laws that pertain to falls. For years, these falls have not just been a leading cause of significant injuries within the construction industry but have also escalated the financial implications of such incidents to new heights. Constructing a high-rise building in New York can incur higher expenses compared to other states, largely due to the elevated costs of insurance. Despite legislative initiatives that mandate comprehensive training on proper fall protection measures, these types of accidents continue to pose a persistent threat to the wellbeing of construction workers and the economic stability of their employers.
Drawing on three decades of experience in the health and safety field, I have witnessed firsthand the evolution of job site safety. Today’s construction sites are undoubtedly safer than those of 30 years ago, a testament to the progress achieved through relentless advocacy, improved standards, and technological advancements. However, our quest for “absolute safety” is an ongoing endeavor.
An analysis by The National Institute for Occupational Safety and Health (NIOSH), published in September 2017 and titled “The construction FACE database — Codifying the NIOSH FACE reports,” sheds light on fall-related fatalities. The findings reveal that since 1982, approximately one in five individuals documented in the Construction FACE Database (CFD) succumbed to injuries within their first two months on the job. Notably, 75% and 43% of the reports recommended the implementation of safety training and the installation of protective equipment, respectively.
Yet, a detailed examination of job sites plagued with safety violations uncovers a recurring issue: the failure of employers to enforce established safety protocols. It becomes evident that while education and training are crucial components, they alone do not complete the puzzle. The most significant gap lies in the enforcement of known safety regulations—a duty that falls squarely on the shoulders of employers. As per NYC Department of Building, as of January 2023, falls constituted approximately 70% of all construction-related incidents, yet New York City imposes the most comprehensive employee training regulations in the state and in most cases the country.
The legal framework, particularly embodied by New York State’s Sections 240 and 241 laws, looms large over the construction sector, highlighting the critical necessity for employers to intensify their focus on safety enforcement. This could encompass an array of proactive strategies, such as conducting surprise inspections, initiating unannounced audits, and engaging third-party evaluators for impartial site assessments. Such measures not only ensure adherence to safety standards but also cultivate a culture of diligence and accountability.
The message is unequivocal: Employers must elevate their management of job site safety to mitigate risk exposure. In an industry marked by considerable stakes, the repercussions of complacency can indeed be profound. As we continue to strive for a safer tomorrow, the commitment to rigorous enforcement of safety protocols remains the beacon guiding our efforts. The path to reducing the financial and human costs of construction accidents is clear, and it begins with a steadfast dedication to safety at every level.
For more information on this issue and other safety related concerns on the job site you may contact Wael Khalil, VP & Director of Safety & Health, Lovell Safety Management at wkhalil@lovellsafety.com or 917-692-9108. You may also visit online at www.LovellSafety.com.