Working overnight or in rotating shifts is simply part of the job for many New York and New Jersey construction workers. It’s often necessary to work when there is less traffic and disruption to daily routines. However, as the hours drag on and fatigue sets in, the risks to worker safety may increase.
Night work and shift work present unique challenges. Disrupted sleep schedules, inadequate lighting, difficulty concentrating, and slower reaction times can all cause accidents and injuries.
Construction workers deserve a safe work environment at all times, day or night. By understanding the specific hazards of night and shift work, employers can take steps to prevent construction accident injuries. Additionally, construction workers have the right to know about the risks, the laws that protect them, and how an experienced New York or New Jersey construction accident lawyer may help them if they’re hurt.
Construction Worker Fatigue
Sleep deprivation negatively impacts human functioning. For construction workers already performing dangerous work, fatigue can be dangerous. According to the Occupational Health and Safety Administration (OSHA), accident and injury rates are 18% greater during evening shifts and 30% greater during night shifts when compared to day shifts.
How Fatigue Impacts Tired Construction Workers
The effects of fatigue are both acute and cumulative, impacting both short-term performance and long-term health:
Acute Effects of Sleep Deprivation
- Impaired judgment and decision-making
- Slowed reaction time and coordination (similar to alcohol intoxication)
- Reduced attention and memory
- Increased risk of accidents and errors
Cumulative Effects of Chronic Sleep Deprivation
- Weakened immune system
- Increased risk of high blood pressure (hypertension)
- Higher likelihood of diabetes
- Elevated risk of depression and anxiety
- Higher risk of cardiovascular disease and stroke
Disruption of Circadian Rhythms
The circadian rhythm helps regulate many biological functions, from body temperature to hormone production. Most people naturally feel alert during daylight and sleepy after dark, but shift work interferes with that pattern.
Some people can successfully adapt their circadian clocks to a non-traditional schedule. But for many, frequently changing shifts make it impossible for the body to acclimate to a set rhythm. This results in poorer sleep, increased fatigue, and a higher likelihood of attentional failure and accidents.
While many factors influence construction schedules, managers should strive for shift timing consistency whenever possible. Abrupt changes between day and night work are especially problematic. If rotations are needed, it's easier for workers to adjust to a clockwise progression, such as day to evening to night.
Insufficient Lighting
Proper lighting is essential for safe nighttime construction work. It can be challenging to see equipment controls or detect changing road conditions without proper lighting.
12 NYCRR Section 23-1.30 requires New York construction, excavation, and demolition sites to have minimum amounts of illumination.
Beyond essential visibility, lighting must be carefully planned to account for glare and shadows. Overly bright or poorly aimed portable lights can momentarily blind workers, and harsh shadows can obscure dangerous holes or drop-offs. Strategic lighting placement and glare guards help address these issues.
New York and New Jersey Labor Laws Apply 24/7
The following labor laws are in effect night and day:
New York Labor Law Section 240
The Scaffold Law (New York Labor Law Section 240) protects construction workers from elevation-related accidents. Property owners and general contractors must take responsibility for worker safety when it comes to falls and falling debris, even if it is dark outside.
New York Labor Law Section 241
Under New York Labor Law 241, construction sites must maintain rigorous safety standards, from equipment upkeep to workplace conditions. This law remains fully enforceable regardless of what shift you work.
New York Labor Law 200
The fundamental workplace safety requirements in New York Labor Law 200 require that employers create and maintain safe working environments. This includes protection from hazards that might occur in the dark or while workers are tired.
New Jersey Construction Labor Laws
New Jersey construction workers benefit from robust protections through OSHA regulations, which set comprehensive safety standards for the industry.
New Jersey's statutes often provide broader coverage than New York's. Construction workers injured due to safety violations in New Jersey may be able to pursue both workers' compensation benefits and legal action against responsible parties, including site owners and general contractors.
