Last month, R.E. General Contractor LLC, based in Paterson, NJ, was cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for repeat fall hazards. The general contracting company was replacing a roof on a commercial building in Paterson, NJ. *Source: www.osha.gov
There were 2 repeat violations which included exposing workers working on the roof to fall hazards of approximately 50 feet high. The workers did not have fall protection.
The company was previously cited for similar violations in 2008, 2010 and 2011.
There was also a serious violation issued for failing to provide workers with hard hat protection while working near the forks of a material boom lift.
While workers in general cannot bring lawsuits against their employers for injuries sustained at work, there are certain situations where injured workers can sue their employers.
For example, if an employer commits an intentional act and knows that the consequences of the act are substantially certain to result in harm, the injured worker may bring suit against the employer.
In this situation, if workers were injured as a result of the general contractor failing to provide fall protection repeatedly, they may be able to bring suit against the employer. Because the employer was cited by OSHA for the same violation not once, twice, but three times, it can be argued that the employer committed an intentional act by not providing fall protection. Further, it knew that workers can fall or die by not providing fall protection.
Despite the fact that fall accidents are the leading cause of death in the construction industry, employer contractors continue to disregard OSHA regulations pertaining to fall protection and fail to ensure workers’ safety.
In the same month, two other NJ companies, a construction company and a concrete contractor, were also cited for exposing workers to fall hazards. See NJ Construction Company Exposes Workers to Fall Hazards|NJ Construction Accident Lawyers and NJ Concrete Contractor Cited For Exposing Workers To Fall Hazards
If you or a loved had a fall accident at a construction site due to lack of fall protection, contact Daniel J. O’Brien, Esq., an experienced PA and NJ construction accident lawyer. Dan has helped many workers, i.e. roofers, steel workers, and other workers who were injured while on the job. If you would like to discuss your case, feel free to contact Dan O’Brien for a free consultation. 877.944.8396.