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 93-MA-13

Massachusetts Carpenter Dies in Fall Through Floor Opening at a Home Construction Site

SUMMARY

On August 11, 1993, a 33 year old male carpenter died from injuries sustained in a twenty foot fall through a floor opening at a homesite under construction in Massachusetts. In the moments prior to his fall, the victim was reportedly fastening two framed wall sections together near the floor opening. The victim's supervisor and co-worker saw the victim fall headfirst through the second story floor opening to the concrete basement floor below, and rushed to his aid. They summoned emergency medical services who arrived within minutes. The victim was transported to the regional hospital where he died approximately three hours and forty-five minutes later.

The Massachusetts FACE Project concluded that to prevent similar occurrences in the future, employers should:


require floor openings to be adequately protected and/or personal protective equipment to be used in the presence of fall hazards

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

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

INTRODUCTION

On August 12, 1993, the Medical Examiner's Office telephoned the Massachusetts FACE Project's 24 hour hotline to report the death of a 33 year old male carpenter on the previous day. An investigation was immediately initiated.

On September 9 and 10, 1993, the MA FACE Investigator traveled to the region and visited the construction site, police department and town offices. The Investigator conducted interviews with the victim's employer, municipal police personnel, and a town building department representative. The death certificate, police incident records, employer statement and assorted newspaper clippings were obtained during the investigation.

The employer was a construction company in business for over 8 years at the time of the incident. The company specialized in structural framing and employed 6 persons, 4 of whom were carpenters.

The victim was a carpenter with over 10 years of carpentry experience. He was employed by the company for approximately 11 months. His known safety training was "on-the-job." The employer did not provide safety training, or have written safety rules, procedures or programs in place at the time of the incident.

 

INVESTIGATION

On the day of the incident, the victim's employer was under contract to provide structural framing services at a homesite under construction in Massachusetts.

The employer and the victim had been on the jobsite for approximately three weeks when the incident occurred. The victim reported to the incident site at approximately 9:30 a.m., having worked a couple of hours on another jobsite. He worked for an hour on the incident site, and then took a fifteen minute coffee break with his boss and co-worker at 10:30 a.m. The three then resumed their work on the second floor of the home, erecting framed wall sections close to a floor opening where the chimney was to be built.

The victim was following instructions to nail two top plates together (top part of wall sections), when his supervisor and co-worker saw him fall head first through the chimney opening. According to the employer it is unlikely he tripped, because the work surface was secure, dry and free of clutter. Although the exact cause of the fall remains uncertain, it is likely that the victim fell into the chimney opening because he was unaware of his proximity to it.

The supervisor and co-worker immediately rushed to aid the critically injured victim. They summoned emergency medical personnel who quickly arrived on the scene, and transported the victim to a major area hospital. The victim was pronounced dead three hours and forty-five minutes following the incident.

 

CAUSE OF DEATH

The Medical Examiner listed the cause of death as multiple injuries due to blunt trauma.

 

RECOMMENDATIONS/DISCUSSION

Recommendation #1: Employers should require floor openings to be adequately protected and/or personal protective equipment to be used in the presence of fall hazards.

Discussion: OSHA Standard 29 CFR 1926.500 (b) requires temporary or emergency floor openings to be guarded by a standard railing and toeboard, or with a secured cover capable of supporting the maximum intended load. In instances where a guardrail or cover is not practical for the work being done, alternative forms of equally protective fall protection, such as a safety net, catch platform, or safety harness and lanyard could be used. Had some form of fall protection been used to guard the chimney opening, this death could have been prevented.

 

Recommendation #2: Employers should 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.

Discussion: The employer did not have a written safety program, training program or a designated safety officer. Comprehensive safety programs should include, but not be limited to, routine job site hazard surveys, the use of appropriate fall protection, and worker training on the recognition and avoidance of fall hazards. Furthermore, employers should appoint an individual with safety knowledge, and the authorization to take corrective measures to eliminate hazards, to be the designated safety officer, or competent person, on site. Currently most OSHA construction standards (29 CFR 1926) require the involvement of a "competent person" in the implementation of safety provisions.

 

Recommendation #3: 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 or project foreman, and the designated safety officer, should identify and review the potential hazards with the employees, and discuss how to control the hazards and how the work can be safely performed. These discussions should include information about hazards in the immediate work area as well as information about the overall site that could create additional hazards for workers. Regular safety meetings are constant reminders to employees of the dangers associated with their job, and the actions they can take to protect themselves.

 

REFERENCES

Code of Federal Regulations, Title 29 Part 1926 Section 500(b)

 

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