Construction Safety Awareness in NYC: Bridging the Gap Between the Rights of Contractors, Developers and Construction Workers

As a vertical oasis, New York City’s crowded streets and skyline almost always are riddled with the sights and sounds of new construction or renovation, whether it is the scaffolding you walk under or skeletal frames of new buildings rising. From new residential buildings and developments to trophy office facilities, the construction and renovation industry and the teams of workers that bring these projects to life remain an important and vital sector of New York City’s robust growth.

Despite its importance to the city’s economy, the construction of these iconic and world-renowned buildings and structures can place workers in harm’s way due to the nature of the work – lifting heavy objects, operating construction equipment and performing difficult jobs at elevated heights. Construction sites, in and of themselves, are inherently dangerous. Further, in order to reduce costs and meet deadlines, contractors and developers often expect workers to expedite projects with little regard for the safety protocols required at construction sites.

The combination of these elements, coupled with lack of education and the lack of communication or language skills of some workers in New York City, can result in dangerous accidents and the untimely and unnecessary loss of human life. But with the proper protocols and safety practices in place, the chances of injury to a construction worker or passerby can be significantly diminished.

To prevent an accident, regulations provide for the worker’s safety and also allow workers to pursue personal injury lawsuits to collect compensation for medical expenses, lost wages, pain and suffering and other damages. Workers are, for instance, entitled to worker’s compensation, regardless of fault. They also can sue third parties in the event of the wrongdoing of someone other than the worker or his employer. However, construction workers must educate themselves on what those regulations and protocols are, as well as learn more about the laws that exist to protect their rights if they become injured on the job.

Safety and Awareness

Construction accidents in many cases are avoidable and may result from negligent behavior from the contractor, developer or a third-party company involved in the project.

Take, for example, the crane collapse disaster that occurred in March 2008 in the Upper East Side of Manhattan; something few New Yorkers are able to forget. OSHA issued three willful citations to contractor Rapetti Rigging Services Inc. with penalties totaling $210,000 for allegedly failing, among other things, to comply with the crane manufacturer’s specifications and limitations when erecting and raising the tower crane, to protect synthetic rigging slings from damage, to inspect the slings for damage or defects before use and to remove a defective sling from service.

Straps holding the crane snapped under the weight of a 6-ton piece of steel as workers tried to “jump” the crane (extend the crane upward and anchor it to the building at the 18th floor of a high-rise apartment building), causing the crane to collapse, killing seven people and injuring 24.

William Rapetti, of Rapetti Rigging Services Inc., and his company were brought up on 40 criminal charges, including manslaughter. In July 2010, Justice Roger S. Hayes of State Supreme Court in Manhattan, who heard the case without a jury, acquitted Rapetti and his company of all charges.

In 2010, James Lomma, owner of New York Crane and Equipment Co., and a company employee were indicted for manslaughter. Lomma, whose companies have contracts at Ground Zero and dozens of other sites around the city, owned two massive tower cranes that collapsed in New York City in 2008 – including the one in March 2008 – killing a total of nine people.

Cases like this have brought increased scrutiny on the construction industry for its negligence in providing safe working environments for workers. For example, according to NYC Buildings Department statistics, from 2005-2006, approximately 47 workers were killed – including 26 who died in falls. Fortunately, there has been a dramatic decline in construction deaths over the past few years, with seven fatalities reported in the past 2 years, according to published reports.