Construction Site Accident Lawyers
Construction Site Accident Attorneys

Dedicated to preventing construction site accidents, scaffolding accidents, crane injuries, explosion accidents, chemical injuries and mesothelioma deaths through accountability.

Construction Site Accident Personal Injury Lawyers
Construction Site Accident Personal Injury Attorneys
Construction Site Accident Personal Injury Lawyers Providing Litigation for Construction Site Accident Claims
Arial Lifts
Box Truck Accidents
Chemical Accidents
Chemical Hazards
Company Car & Truck Accidents
Construction Accidents
Construction Fall Deaths
Construction Site Deaths By State
Crane Accidents
Crane Operator Electrocutions
Derrick Accidents
Drill Rigs
Dump Truck Accidents
Electrocution Injuries
Elevator Accidents
Escalator Accidents
Explosions
Flat Bed Accidents
Forklift accidents
Front End Loaders
Gas Explosions
Hoist Accidents
Industrial Accidents
Ladder Accidents
Lumber Truck Accidents
Malignant Pleural Mesothelioma
Methane Gas Explosion
Pipe Accidents
Product Liability
Rolloff Truck
Scaffolding Accidents
Skid Steer Loaders
Tractor Accidents
Truck Accidents
Welding Accidents


Free Consultation from a Construction Site Accident Lawyer

MASSACHUSETTS FACE MA-92-07

Demolition Laborer Dies in Fall Through Roof Opening in Massachusetts

SUMMARY

A 70 year old male demolition laborer fell 26 feet to his death through a roof opening during the course of manual demolition work at a multi-million dollar school renovation project in Massachusetts. On the day of the incident, the victim was part of a five man rooftop crew manually dismantling tar, gravel and wooden planking from a flat built-up gymnasium rooftop to expose the steel gridwork beneath. Once the tar and gravel weather barrier was removed, strategic chain saw cuts were made to the wooden planking to create more manageable pieces to facilitate their removal. As work progressed, this on-going process exposed the crew to an increasing danger of falling through the ever widening roof opening. An eyewitness account described the victim standing approximately 5-6 feet from the roof opening one moment, and falling through it the next. The working surface was described as clear, dry, and stable with no noticeable slip/trip hazards present. The victim fell approximately 26 feet directly through the 10' x 10' opening and onto a waste heap of tar and gravel debris below. Immediately following the fall, the victim was in a state of semi-consciousness, labored to breathe and suffered only a slight visible facial abrasion. Moments later however, with advanced life support assistance on hand, the victim went into cardiac arrest and was pronounced dead less than one hour later at the regional hospital. The Massachusetts FACE Investigator concluded that in order to prevent future similar occurrences, employers should:

consider and address worker safety in the planning phase of construction projects and do so on a daily basis if necessary

select and appoint a designated safety person to develop, implement, and enforce a comprehensive safety program that includes, but is not limited to, worker training in fall hazard recognition and the use of fall protection devices

implement current standard(s) which require floor openings to be adequately protected and/or personal protective equipment to be used in the presence of fall hazards.

 

INTRODUCTION

On March 25, 1992 the Massachusetts FACE Investigator was notified by a municipal police department via the statewide Occupational Fatality Hotline, that a 70 year old male demolition laborer had died approximately 15 minutes earlier as the result of a construction site fall at a multi-million dollar school renovation project. An immediate investigation was initiated. On April 01, 1992, the FACE Investigator reviewed the incident site with company representatives and interviewed the company president and responding police department authorities. Multiple photographs, co-worker statements, police department records, and death certificate were obtained during the course of the investigation.

The employer in this incident was a general demolition contracting company in business for 42 years and employed 5-10 employees, as needed, as heavy equipment operators, truck drivers, and general laborers. The company did not have any written safety program or designated safety officer. No safety training of any kind was provided. The victim had been employed for 10 days as a general demolition laborer. His level of construction industry education and/or training was unknown to his employer.

 

INVESTIGATION

The company had been awarded a contract to destroy a portion of a gymnasium building as part of a multi-million dollar municipal school renovation project. The project called for demolition of the existing structure by first manually removing the built-up roofing material to expose the steel supporting gridwork beneath. On the day of the incident, weather conditions were favorable for exterior demolition work. Such conditions were clear and dry, yet somewhat cold. Following breakfast, the victim and a co-worker had reported to the jobsite earlier than required. The general contractor for the project had instructed them on the previous day what to do, and to proceed if they wished, in the event of his absence. Beginning at the edge of the rooftop, the duo proceded and were soon joined by a third laborer.

Following removal of the built-up tar and gravel weather barrier, the crew then removed wooden roof planks with manually operated hand tools without incident for the bulk of the morning. Having trouble removing some of the wooden planking, the co-worker witness recalled the victim seeking assistance from the other co-worker relative to the difficulty he was having. Following a brief cigarette break, the co-worker commenced making several chain saw cuts of the hardfast planking to facilitate removal. These cuts were being made in close proximity to the roof opening created during the earlier a.m. hours.

During this course, the victim and the co-worker witness of these events walked over to watch the cuts being made. The co-worker witness claimed to be looking right at the victim when at approximately 11:02 a.m., the victim just fell through the 10' x 10' roof opening to a waste heap of demolition material on the gymnasium floor approximately 26 feet below. There were no reports of identifiable working surface collapse or of any slip and/or trip hazards.

Responding to the victim and summoning local emergency medial services immediately, the crew witnessed him in a semi-conscious state and laboring to breathe with only a single facial abrasion visible. Although an advanced life support unit was in the immediate area and able to respond almost instantaneously, the victim went into cardiac arrest shortly after their arrival and was unable to be resuscitated. He was transported and pronounced dead at the regional hospital approximately 45 minutes later.

 

CAUSE OF DEATH

The medical examiner listed the cause of death as blunt chest trauma (ruptured aorta).

 

RECOMMENDATIONS/DISCUSSION

Recommendation #1: Employers should consider and address worker safety in the planning phase of construction projects and do so on a daily basis if necessary.

Discussion: Prior to project engagement and prior to each phase thereafter, the employer and/or project foreman should identify and review the potential hazards with the employees and discuss how to control the hazards and how the work can be performed safely. These discussions should include information on hazards in the immediate work area as well as information on the overall site that could create additional hazards for workers. Following this incident, one co-worker claimed that his understanding of current fall protection requirements did not call for such measures and/or devices to be used on this site. Regardless of rules or regulations, had basic and fundamental safety precautions been in place at the time of this incident, it may never have occurred.

Recommendation #2: Employers should select and appoint a designated saftey person to develop, implement, and enforce a comprehesive safety program that includes, but is not limited to, worker training in fall hazard recognition and the use of fall protection devices.

Discussion: As the company did not have any written safety program, training program or designated safety officer, employers should select and appoint such an individual to develop, implement, and enforce a comprehensive safety program that includes, but is not limited to training workers in the recognition and avoidance of fall hazards and training in the proper selection of personal protective equipment, guardrailing systems, motion stop systems, and/or suitable covering of wall/floor openings, etc. Daily, weekly, and/or monthly safety meetings which are conducted by a designated safety person and cover such vital areas as fall protection and personal protective equipment constantly remind affected employees of the dangers associated with their occupation(s) and how best to deal with them.

Recommendation #3: Employers should implement current standard(s) which require that wherever there is a danger of falling through a floor opening, it be guarded by a standard guardrailing and toeboard system, or be covered capable of supporting the maximum intended load and be installed as to prevent accidental displacement. In the absence of the aforementioned, lifelines and harnesses shall be provided for and used by workmen engaged in occupations where a hazard of falling more than 25 feet above land, or temporary or permanent floor exists.

Discussion: Although the purpose of this project phase was to remove existing roofing material to expose support gridwork beneath, thus creating floor openings, Massachusetts Department of Labor and Industries Standard 454 CMR 10.111 (2)(f) and OSHA Standards 29 CFR 1926.500 (b) and 1926.500 (f)(5)(ii) nonetheless require that floor openings be guarded by a standard railing and toeboards, or a cover capable of supporting the maximum intended load, and be so installed as to prevent accidental displacement. Given the feasibility of this option relative to the type of work in progress, a more logical course of action would have included strict compliance with the provisions of Massachusetts Department of Labor and Industries Standard 454 CMR 10.25 (7)(d) and OSHA Standard 29 CFR 1926.104 which outline safeguarding measures for workmen engaged in operations exceeding 25 feet above land or temporary or permanent floor.

 

REFERENCES

Office of the Federal Register: Code of Federal Regulations, Labor 29 Parts 1926.104, 1926.500 (b), and 1926.500 (f)(5)(ii) (1990)

Commonwealth of Massachusetts, Massachusetts Department of Labor and Industries - Rules and Regulations for the Prevention of Accidents in Construction Operations - Code of Massachusetts Regulations, Labor 454 Parts 10.111 (2)(f) and 10.25 (7)(d) (1988)

 

To contact Massachusetts State FACE program personnel regarding State-based FACE reports, please use information listed on the Contact Sheet on the NIOSH FACE web site Please contact In-house FACE program personnel regarding In-house FACE reports and to gain assistance when State-FACE program personnel cannot be reached.


Free Consultation

Title:
First Name: *
Middle Name:
Last Name: *
Home Phone: *
Cell Phone:
Work Phone:
Email Address:
Address: *
City: *
State, Zip: *    *

What is the best way to reach you?
Please provide the best place, time and
method for contacting you.


Injured Person Information:

Date of Birth / Age:
(ex. mm/dd/yyyy or 54)
Were you injured? Yes    No
If not, who are you 
inquiring on behalf of?
If you are NOT inquiring on your own behalf,
what is your relationship to the injured person?
Is the person deceased? Yes    No
If deceased, what is the cause of death
as stated on the death certificate:
Date of Death:
(ex. mm/dd/yyyy)
Was an autopsy performed? Yes    No
If not deceased, does the 
injury prevent you or the 
victim from working?
Yes    No
If yes, when did you/victim stop working?
What is the approximate lost wages
due to the injury?


Accident / Injury Information:

Date of Accident:   *
City where accident occured: *
State where accident occured: *
Occupation:
Name and Address of employer:
Describe Construction Site related injury:


Case Description*
Please explain exactly what happened, trying to state
as thoroughly as possible who you believe was responsible
and why you believe that person was negligent:
Please explain the full extent of the victims injuries:
Comments / Additional Information
Is there anything else that would assist us in
understanding the facts of your case?


To Better Serve You:

Please tell us how you found us? If "other" please specify.
Please specify how you found us (if other than above):
If you found us using a search engine,
please tell us which search engine?
Please tell us exactly what terms you typed into the
search engine to find us? (i.e. Personal Injury Lawyers)

I understand that by filling out this free consultation form I am not forming an attorney client relationship. I understand that I may only retain an attorney by entering into a fee agreement and that by submitting this form I am not entering into a fee agreement. I understand that not all submissions may receive a response.
Yes   No
I agree that the above does not constitute a request for legal advice. I agree that any information that I will receive in response to the above question is general information and I will not be charged for the response to this e-mail question. I further understand that the law for each state may vary, and therefore, I will not rely upon this information as legal advice. I agree that if this matter requires advice regarding my home state, local counsel may be contacted for referral of this matter. I understand that email is not secure and thus I am not forming a confidential relationship.
Yes   No
I have read and agree with the TERMS AND CONDITIONS
Yes   No

By Clicking the box below, I agree to submit my case for a free case evaluation:



* = Required Fields
Home Page
Free Consultation
Broken Bone Fractures
Chemical Burns
Construction Injuries
Enclosed Space Injuries
Fire Injuries
Mesothelioma
Welding Injuries
Silicosis
Mining Injuries
OSHA Fatal Facts Index
OSHA Office of Training and Education
OSHA Mobile Crane Inspection Guidelines

Free Consultation from a Construction Site Accident Attorney

If you would like to receive information regarding potential new lawsuits, class actions, lawsuit settlements and large verdicts, please enter your name and email address below, and press "submit".








Copyright © 2003 Construction Site Accident .com
A division of Counselseek, Inc. All rights reserved.
[ Home ]   [ Legal Disclaimer ]
Boston Web Site Design

 

Construction Site Accident.com has assembled a list of "Fatality Investigation Reports from NIOSH"  Links below contain NIOSH fatality investigation reports of incidents where construction work activities resulted in the deaths of construction workers. They are organized by state: 

Alaska Construction Accident |California Accident Deaths |Colorado Construction Injuries | Indiana Industrial Accident | Iowa Workplace Death Summary | Kentucky Construction Death | Massachusetts Construction Accident Lawyer | Maryland Construction Site Death  | Michigan Construction Accident | Minnesota Worksite deaths | Missouri Construction injury | Nebraska Industrial Death | New Jersey Construction Death | New York Construction | Oklahoma Accidents | Oregon Industrial Deaths | Texas Construction Site Injuries | Washington Site Death | Wisconsin Accident | West Virginia Death Cases | Wyoming Construction Accident Summary