Construction Management
Construction Lawletter / Construction Site Accidents
By J. Norman Stark
Sat, 23 Sep 2006, 04:22 PST

CONSTRUCTION LAWLETTER
For Industry Professionals, Directors, Officers, Managers, Agents, Trades and Suppliers

J. NORMAN STARK, ATTORNEY-AT-LAW
JURIS DOCTOR, B. ARCHITECTURE, B.F.A.
The Stark Building
1310 East 49th Street
Cleveland, Ohio 44114-3803 USA
Phone(216) 426-8400
Fax: (216) 426-8411
E-Mail:Normstark@aol.com
Homepage: www.jnormanstark.com



Vol. 2006-1
January, 2006

CONSTRUCTION SITE ACCIDENTS

Liability for construction site accidents, resulting in injury or death to workers is generally dependent upon the degree of control or participation in the management of each contractor and subcontractor.

The various parties concerned may include one, more, or all of the following: the owner of the project worksite, design and engineering professionals, contractors (including general contractors, "Prime Contractors and Subcontractors, construction managers, and materials and equipment suppliers, including rental equipment suppliers. The role of each may well be defined by specific terms of the contract documents, as well as the controlling facts of any given incident or accident, to indicate the degree of control and participation.

Both the general and sub-contractor must provide to workers a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. Typically, a general or sub-contractor is under a duty to ascertain that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that all such work is being performed safely. This duty extends to its hiring of reasonably competent employees, including loaned employees, and ensuring full compliance with safety regulations.

OSHA Safety Regulations. Safety regulations under the Occupational Safety and Health Act of 1970 have been adopted by most states in some form, and these regulations apply to work at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or sub-contractor) often turns on who was in control of the job site or project activity when an employee is injured. While the legal effect of an OSHA violation of its regulations may vary, its prosecution will depend on the laws of the state in which the construction injury took place. And, where it can be shown that the construction jobsite injury was the direct and proximate result of an OSHA violation, such evidence may support a conclusive finding of negligence against the party at fault. Such finding will probably result in a severe monetary penalty, together with other suitable sanctions also available under the Act.

STATE LAWS. R.C. 4101.11 states, in part: gEvery employer shall furnish employment which is safe for the employees engaged therein, shall furnish a place of employment which shall be safe for the employees therein and for frequenters thereof..,.*** R.C. 4101.12 provides: "No employer shall require, permit, or suffer any employee to go or be in any employment or place of employment which is not safec***" The Ohio Whistleblower statute, R.C. 4113.52 protects only those individuals who: "creasonably believe the violation is either (a) a criminal offense that is likely to cause either (i) an imminent risk of physical harm to persons or (ii) a hazard to public health or safety, OR (b) is a felony." Brooks v. Martin Marietta Util. Services, Inc. (C.A.6, 1998), 166 F.3d 1213, 1998 WL 739890.