A recent construction accident at the new Chelsea Piers sports complex highlights the safety precautions workers and employers need to take. The worker, Javier Salinas, died when he fell from the open roof to the ground 50 feet below. He was installing sheeting on the roof and did not have a harness on or straps as he was working. Two of Salinas’ brothers were also working that fateful day.
“This is tragic news for the family and friends of Javier Salinas, and our hearts go out to his loved ones as well as his colleagues,” said Connecticut Governor Dannel P. Malloy. “As we engineer and construct new buildings and repair old ones, we must remember that the work facing our builders and constructions trades professionals can be incredibly dangerous. Our thoughts and prayers are with Mr. Salinas’ family at this very difficult time.”
The Occupational Safety and Health Administration (OSHA) is investigating the incident. OSHA mandates that contractors and subcontractors have specific measures in place for fall prevention and protection. Falling is the number one cause of death in the construction business over all other forms of occupational death. Falling from high elevations, scaffolds, ladders, buildings and equipment is largely preventable.
Every year, $70 billion is spent on occupational fall incidents, including medical costs and workers’ compensation, reports the National Institute for Occupational Safety and Health (NIOSH). Yet every year, unsafe practices and little safety education continue to be a persistent problem in the construction industry. A deceased individual’s loved ones can go after the employer or a third party that led to the workplace accident in a wrongful death lawsuit. Employer or manager negligence or carelessness in following safety regulations, or manufacturer defects can make these parties liable for the unexpected death.
At a minimum, OSHA mandates that employers must identify fall hazards at a site, educate workers on how to avoid unsafe conditions and recognize them ahead of time, and provide appropriate equipment for safety. Part of this also involves continuing education to train workers in the latest prevention techniques.
OSHA will undoubtedly investigate why there were no guardrails or personal fall arrest systems in use at this multimillion dollar facility. Safety ropes and auxiliary equipment should have been in use and periodically inspected for wear and tear. And if weather conditions contributed to the incident that day, OSHA will determine if the employer put the workers in further peril by this too.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.
