Charleston Construction Accident Lawyer

OSHA’s Fatal Four: Identifying Top Four Construction Hazards

Occupational Safety Health Administration (OSHA) is the federal agency of the United States that regulates workplace safety and health. Their mission is to assure safe and healthy working conditions, and their inspections have been proven to reduce injury rates and injury costs. On their website, OSHA.gov, they’ve identified the top four construction hazards, sometimes referred to as “The Fatal Four”: Falls, Struck-By, Caught-In/Between and Electrocutions.

Who is Responsible for a Construction Site Accident?

Determining liability for an accident can be complicated, as there can be multiple contributing causes and multiple liable parties. A thorough investigation and review of work agreements may be necessary. An initial review will evaluate the details of the accident, and identify potentially liable parties. Some of the factors that will be looked at include:

• Where did the accident occur? Who had control of the property?
• What were the conditions on the worksite? Was the worksite being property maintained?
• What equipment was used on the job? Was the equipment in good condition and properly maintained?
• Were employees trained in how to use equipment? Was the equipment being used for the manner intended?
• Was your employer responsible for your injuries? Could there be liability in a third party personal injury claim?

Potentially multiple different parties could be responsible for a construction accident :

• OWNER OF THE CONSTRUCTION SITE: If the owner of the property has not released control to a contractor or outside party, they may be liable. If the property owner knows of dangerous conditions and hazards, he or she may have a duty to warn workers of the hazard, or take action to fix it.
• GENERAL CONTRACTORS AND SUBCONTRACTORS: It is the responsibility of the general contractor to create a safe work environment and comply with OSHA regulations, including warning employees of potential hazards. A trade-specific subcontractor brought in by a general contractor may be liable. If any of these parties hire an irresponsible employee, they may be liable for that employee’s negligent or reckless actions.
• MANUFACTURERS OF CONSTRUCTION EQUIPMENT, MACHINERY AND TOOLS: If an accident involves heavy equipment like a backhoe, bulldozer, skid steer loader, front end loader, aerial lift, boom or crane, the manufacturer of the company could be liable in a third-party lawsuit. Manufacturers of construction equipment like Caterpillar, John Deere, Bobcat, Komatsu, Volvo and ASV have all been involved in construction accident lawsuits when their equipment have been found to be defectively designed or manufactured. A prompt investigation following an accident is necessary to determine if a defect in the manufacturing of the equipment caused it to fail. If so, a product liability claim may be necessary.
• ARCHITECTS AND ENGINEERS: Design professionals are responsible for creating projects that are safe, and meet safety codes and standards. If plans were drawn that created unsafe or dangerous conditions, an architect could be liable for an accident and injuries or deaths. For example, if a general contractor relies on plans prepared by an architect, the architect may be liable for a foreseeable personal injury that later occurs.