As a construction worker, you take pride in building your community. But you also face significant on-the-job hazards, especially when working on or around temporary structures like scaffolding, formwork, and other short-term supports.
At Hofmann & Schweitzer, our New York and New Jersey construction accident attorneys are committed to helping you get the medical care and financial support you need to put your life back together after a scaffolding safety accident or other temporary support system injury.
Common Temporary Structures Used in Construction
Temporary support systems play a vital role in allowing construction crews to access hard-to-reach areas and work at heights safely. Some of the most frequently used temporary structures include:
- Scaffolding. Scaffolds provide workers with a safe, stable platform when working at heights. They must be appropriately secured and have appropriate guardrails.
- Formwork. Molds and frames hold concrete in place until it hardens. Formwork collapse prevention is essential and requires adequate bracing to prevent shifting or collapse.
- Temporary supports. Temporary supports hold up walls, ceilings, roofs, etc., during renovations or until permanent structural elements can be installed. They require careful engineering to bear weight loads.
Although designed for short-term use, these temporary structures must still meet rigorous engineering and safety standards to prevent dangerous accidents.
The Dangers of Unstable Temporary Structures
Due to their transient nature, temporary structures are inherently less stable than permanent installations. Some issues that increase the risk of failure include:
- Improper assembly. If scaffolding, formwork, or supports are not assembled correctly, the system could give way unexpectedly. Even minor assembly errors can compromise the structure.
- Inadequate anchoring. Temporary structures must be firmly secured to the ground or attached to stable building elements. Weak or insufficient anchoring leaves them vulnerable to collapse.
- Exceeded weight limits. Each temporary structure is designed to bear a specific weight load. Overloading them with personnel, tools, or materials can cause sudden failure.
- Lack of regular inspections. Inspection protocols require temporary structures to be examined frequently for signs of damage or instability, especially after exposure to harsh weather. Failure to promptly identify and correct problems puts construction workers at risk of severe injuries.
- Insufficient worker training. Every worker should be thoroughly trained on the proper setup, use, and dismantling of temporary structures.
When temporary structures fail, the results are often catastrophic. Workers may be crushed by falling debris, pinned under collapsed platforms, or experience devastating falls. Spinal cord damage, traumatic brain injuries, complex fractures, and death may occur.
How New York Labor Laws Protect Construction Workers on Temporary Structures
New York has some of the country's strongest protections for construction workers. Several key statutes hold property owners and general contractors liable for temporary structure failures, including:
The Scaffold Law
New York Labor Law 240, also known as the "Scaffold Law,” makes owners and general contractors strictly liable for construction worker injuries on scaffolding. Impacted workers can recover compensation even if their own actions contributed to the fall.
Scaffold Safety Regulations
12 NYCRR Section 23-5 is a comprehensive set of regulations governing scaffolding safety in construction and demolition work. This subpart is divided into 22 sections, each focusing on specific safety requirements for various types of scaffolding.
The opening section of 12 NYCRR 23-5 lays out general scaffolding safety guidelines that apply to all scaffolding, regardless of type. The second section requires special approval for any type of scaffolding not explicitly mentioned in the regulations. The remaining sections delve into the safety measures required for different scaffolding categories, such as:
- Metal scaffolds
- Tubular welded frame scaffolds
- Tube and coupler metal scaffolds
- Pole scaffolds
- Outrigger scaffolds
- Suspended scaffolds
- Two-point and multiple-point suspension scaffolds
- Needle beam scaffolds
- Horse scaffolds
- Carpenters' portable bracket scaffolds
- Bricklayers' square scaffolds
- Lean-to scaffolds
- Trestle and extension trestle ladder scaffolds
Additionally, Subpart 23-5 covers safety requirements for scaffold-adjacent equipment, including ladder jack scaffolds, manually-propelled mobile scaffolds, elevator scaffold jacks, window jacks, boatswain's chairs, and stilts.
Property owners and construction contractors in New York must comply with all relevant sections of the Industrial Code to ensure the well-being of construction workers and prevent scaffolding-related accidents.
New York Labor Law 200
New York Labor Law 200 holds owners and general contractors responsible for providing a safe work site and addressing known hazards. Inadequate temporary structures may violate this law.
These laws are designed to motivate those in charge of construction sites to be proactive about worker safety. They also provide critical legal remedies for construction workers hurt by safety failures.
Take Action if You’re Hurt in a Temporary Structure Accident on a NY or NJ Construction Site
Temporary structure accidents can leave you facing a long, painful recovery. You may be unable to return to work or support your family. Let the dedicated New York and New Jersey construction injury attorneys at Hofmann & Schweitzer help you fight for the compensation you deserve.
