Legal Obligations and Liability Prevention for Construction Startups in New York

Starting a new business in New York is always challenging; however, construction startups face particular challenges that set them apart. Before starting a construction startup, entrepreneurs must understand the dangers, responsibilities, and possible liabilities they can face in the New York construction industry. This article will cover the basic obligations and liabilities construction companies must follow in New York.

Construction Work Hazards

Construction work is the second deadliest profession in the U.S. According to the Occupational Safety and Health Administration (OSHA), most of these deaths could have been prevented by following their construction safety standards. According to the latest statistics published by the Bureau of Labor, 2.4% of construction workers get injured at work each year, and 3.7 out of every 100,000 construction workers die on the job each year. Over 10 million people are currently employed in the construction industry in the U.S. If trends continue, around 240,000 workers will get injured at construction sites this year.

Occupational Safety and Health Administration Standards

Construction startup companies can find OSHA’s safety standards in Title 29 of the Code of Federal Regulations. The most important thing new construction startups need to know about OSHA’s standards is that the employer is responsible for providing a safe working environment, proper training, personal protection equipment, adequate tools for the job being performed, and worker safety in general.

Over 60% of construction work fatalities are due to falls, struck-by, electrocutions, and caught-in or between. Out of all of them, the most lethal of all is “falls.” That’s no surprise, considering that 65% of construction sites audited by OSHA resulted in “Fall Emphasis.” This means recommendations or citations to improve safety at a construction site and prevent falls. The four most common citations for OSHA’s standards violations are:

1. Fall protection

Safety and Health Regulations for Construction Standard 1926.501 requires employers to provide fall protection systems for construction workers. The employer must determine whether the surfaces workers will walk or work on are strong enough and have the structural integrity to support the workers, materials, and work and provide safe working conditions. Employers must provide safety nets, guardrail systems, barricades, or personal fall arrest equipment and training to employees working 6 feet or more above a lower level. They must also protect their workers from objects falling through holes and provide each employee with hard hats.

1. Ladders

As presented in Standard Number 1926.1053 of Title 29, ladder safety standards and regulations apply to all ladders in a construction site. These standards specify the minimum weight ladders are expected to support, the design, materials, minimum width, and separation for rungs, cleats, and steps. Standards stipulate when ladders have cages, wells, ladder safety devices, and designs, among many other regulations. A ladder that does not abide by construction standards increases the risk of accidents and fatalities. These accidents can result in millions of dollars paid in claims and lawsuits.

1. Scaffolding

Scaffolding accidents are injury-intensive and can lead to death and millions in damage claims. The Safety and Health Regulations for Construction Standard Number 1926.451 lays out clear regulations for scaffolding. Including the minimum amount of weight it should be able to support, the qualifications the scaffold designer should have, the types and characteristics of the planks on each level, the maximum distance the scaffold can have from the face of the work, etc.

1. Fall Protection Training

Employees are required by standard number 1926.503 to provide fall protection training to all workers who might be exposed to fall hazards. The standard explains the qualifications requirements for instructors, the types of training, and when retraining is needed.

New York Laws and Regulations

In addition to Osha standards, construction industry startups must know New York-specific laws regulating safety at construction sites, the most relevant of which are:

• N.Y. Labor Law 200

New York Labor Law 200 states that employers have a general duty to protect the health and safety of employees. All construction sites, places where workers get ready or do any activity related to their work, and all machinery used at the construction site must be constructed, equipped, arranged, operated, and conducted in a way that provides protection to the lives, health, and safety of all workers.

• N.Y. Labor Law 240, Aka. The Scaffold Law

This is one of the most famous New York-specific construction work laws. Labor Law 240 makes the building’s owner or company in charge of the construction directly liable for a scaffold accident. This Law states that scaffolds should be able to bear at least four times the maximum weight they are intended to hold. It specifies that scaffolds should have safety rails or cages and should be bolted and properly secured to prevent them from swaying.

• N.Y. Labor Law 241

New York Labor Law 2041 regulates construction, excavation, and demolition work safety. It lays out specific regulations for the timing and manner in which flooring has to be done in buildings. For example, in most cases, the flooring or underflooring has to be laid on each story as the building progresses. However, in some cases, the flooring or underflooring can progress with a two-story difference or by planking the entire floor.

Conclusion

Construction startups must be aware of OSHA’s construction standards found in Title 29 of the code of federal regulations, and to be able to work in New York, they must understand the liabilities they face as stipulated in New York Labor laws. Innovative construction startups must follow regulations to protect their workers’ lives and make a viable business that won’t be hit with citations, injury, compensation, or wrongful death claims and lawsuits. If an accident occurs at a construction site because a company or building owner fails to provide safe working conditions in New York, workers should hire an experienced Law Firm to get the justice they deserve.