Construction accidents occur far too frequently, often due to inadequate safety measures. Earlier this month, an independent contractor was fatally struck by a falling tape measure at a new Jersey City high- rise. As reported here, by NJ.com, both OSHA and the building department of Jersey City will now be conducting investigations into the matter. Given the high rate of pedestrian foot traffic in the area, the parties involved should consider themselves lucky that it was not a bystander that was hurt.
Workplace injuries at construction sites present numerous risks to the owner of the project and the construction manager. For one, there is the possibility of claims against each, as claimants may look to the “deepest pockets” associated with the project. In addition, investigations by public entities can cause unnecessary delays to construction projects. There is generally a great deal of expense involved with keeping projects on schedule and an investigation at this time of year could certainly be a big setback on the completion date and the total costs of the project. Furthermore, the owner, contractor, and subcontractors must be wary of reputational risks if the incident is reported in the media. Accidents reported in the media could have an impact on future projects.
Fortunately, there are ways to mitigate these risks if close attention is paid to the language of the contracts involved and if safety measures are developed, enacted, and maintained. In a case like this, an independent contractor may have a Worker’s Compensation claim against the hiring sub-contractor. It would be prudent of the general contractor to ensure that all sub-contractors maintain adequate Worker’s Compensation coverage, including the work of independent contractors. Of course, in many construction projects there are multiple sub-contractors working at the job site at any one time. This could be problematic when the negligence of one causes injury to another. This is why the general contractor should obtain indemnification and hold harmless agreements from each sub-contractor prior to any work being done. In alignment with this principle, the owner of the project should obtain the same from the general contractor and require minimum levels of insurance be evidenced before any work commences. Enforcing compliance with these safeguards will ensure that the sub-contractor has insurance coverage in place, and any claims arising at the site will be brought against the sub-contractor and not the owner.
Lastly, the general contractor should require that all sub-contractors have written safety guidelines with adequate training mechanisms. General safety tips and signage should also be used at the job site with a risk manager or on-site safety professional on hand to enforce them. This could include the hiring of a third party safety consultant to come in and conduct mandatory training. These efforts work to reduce the chance of a workplace injury before it occurs. With these relatively simple steps, it would be possible to reduce the risk of a workplace injury and to mitigate the subsequent claims if one does occur.
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