Construction work is inherently dangerous, exposing workers to a variety of hazards. In California, the construction industry consistently ranks among the highest for workplace fatalities and injuries. Four of the most common and deadly hazards are falls, struck-by incidents, electrocutions, and caught-in/between incidents, often referred to as the “Fatal Four” by OSHA. Understanding these hazards and implementing effective safety measures is crucial for protecting workers and ensuring compliance with California’s stringent occupational safety and health regulations.
Falls from Heights
Falls from heights are the leading cause of fatalities in construction; in fact, there were 865 deaths from falls in 2022. California has specific regulations under Title 8 of the California Code of Regulations (T8CCR) designed to prevent falls. These regulations are more stringent than the federal OSHA standards and require employers to take proactive measures to protect workers at heights of 7.5 feet or more. This includes ensuring adequate clearance around openings and the use of designated areas for hoisting materials to prevent falls through openings.
Key Regulations
California’s fall protection regulations (Title 8, sections 1670-1671) require employers to provide and ensure the use of fall protection systems like guardrails, safety nets, or personal fall arrest systems (PFAS). These regulations also address specific requirements for scaffolding, ladders, roofing work, and other elevated work areas. California requires specific training for all employees exposed to fall hazards.
Prevention Strategies
- Hazard Assessment: Regularly assess the worksite to identify potential fall hazards.
- Engineering Controls: Prioritize engineering controls like guardrails and safety nets whenever feasible.
- Personal Fall Arrest Systems: When engineering controls are not feasible, provide and ensure the proper use of PFAS, including harnesses, lanyards, and anchor points.
- Training: Provide comprehensive training to workers on fall hazards, fall protection equipment, and safe work practices. Training must be documented and conducted in a language understood by the workers.
- Regular Inspection: Regularly inspect fall protection equipment to ensure it’s in good working condition.
Struck-by Incidents
Struck-by incidents involve being hit by an object, resulting in injuries ranging from bruises to fatalities. These incidents can occur from falling objects, swinging loads, or moving vehicles. Construction sites are particularly susceptible due to the presence of heavy equipment, moving materials, and overhead work.
Key Regulations
California regulations address struck-by hazards in various sections of T8CCR, including requirements for material handling, cranes, and excavation work. These regulations emphasize the importance of proper training, hazard communication, and the use of appropriate personal protective equipment (PPE).
Prevention Strategies
- Traffic Control: Implement effective traffic control plans to separate pedestrians and vehicles.
- Barricades and Warning Signs: Use barricades and warning signs to clearly mark hazardous areas.
- Safe Lifting and Rigging Practices: Ensure workers are trained in safe lifting and rigging techniques to prevent dropped loads.
- PPE: Provide and enforce the use of appropriate PPE, including hard hats, safety glasses, and high-visibility clothing.
- Overhead Protection: Implement measures to protect workers from falling objects, such as toeboards, canopies, or debris nets.
Electrocutions
Electrocution is a significant hazard on construction sites, often resulting from contact with overhead power lines, faulty wiring, or damaged electrical equipment. The dynamic nature of construction sites, with constantly changing layouts and the presence of temporary power sources, increases the risk of electrical incidents.
Key Regulations
California’s High-Voltage Electrical Safety Orders (Title 8, sections 2940-2956) provide specific requirements for working near energized electrical lines. These regulations mandate minimum clearance distances, the use of qualified electrical workers, and the implementation of safe work procedures.
Prevention Strategies
- Hazard Identification: Identify and mark all electrical hazards before work begins.
- Safe Distance: Maintain a safe distance from overhead power lines. California regulations specify minimum clearance distances based on voltage.
- Lockout/Tagout Procedures: Implement lockout/tagout procedures to de-energize electrical equipment before maintenance or repair.
- Ground Fault Circuit Interrupters (GFCIs): Use GFCIs to protect workers from ground faults.
- Trained Electricians: Ensure that only qualified and trained electricians perform electrical work.
- Inspection and Maintenance: Regularly inspect and maintain electrical equipment to ensure it’s in safe working condition.
California’s Emphasis on Injury and Illness Prevention Programs (IIPPs)
California law requires all employers, including those in the construction industry, to establish, implement, and maintain an effective IIPP (Title 8, section 3203). A comprehensive IIPP is essential for addressing and mitigating the “Fatal Four” hazards. The IIPP should include:
- Hazard Identification and Assessment: A system for identifying and assessing workplace hazards, including falls, struck-by objects, and electrocution risks.
- Hazard Correction and Control: Procedures for correcting identified hazards and implementing control measures.
- Safety and Health Training: A comprehensive training program that addresses the specific hazards present on the worksite.
- Safety and Health Communication: A system for effectively communicating safety information to workers.
- Recordkeeping and Reporting: A system for maintaining records of injuries, illnesses, and near misses.
Legal Recourse for Construction Accidents
If you have been injured in a construction accident in California, you may be entitled to workers’ compensation benefits, regardless of fault. However, if the accident was caused by the negligence of a third party (someone other than your employer or a co-worker), you may also have grounds for a personal injury lawsuit. This could include situations where a general contractor, subcontractor, property owner, or equipment manufacturer’s negligence contributed to the accident. These third-party claims can provide additional avenues for recovering damages beyond what workers’ compensation offers, such as compensation for pain and suffering.
Contact the Binder Law Group
Construction accidents can have devastating consequences, leading to serious injuries, lost wages, and emotional distress. At the Binder Law Group, we understand the complexities of California construction law and are dedicated to helping injured workers obtain the compensation they deserve. If you’ve been injured in a construction accident, contact us today to see how we can help. Our experienced attorneys can evaluate your case and advise you on your legal options. Don’t face this challenging time alone; let us fight for your rights.
You can visit the Binder Law Group office at: 16633 Ventura Blvd. #602 Encino, CA 91436.
Alternatively, call now for a free consultation on (818) 659-8588.