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

Nebraska FACE 98NE032

Falling Portable Scaffold Kills Carpenter

SUMMARY:

A 37-year-old carpenter was killed when the wooden portable scaffold he was working on collapsed. He was crushed under the scaffold and the load that was on it. The victim and a coworker were both on the scaffold which was on the forks of a hydraulic lift. The lift had the scaffold raised approximately 25 feet. Both individuals were installing sheathing and plywood to the side of an apartment complex when the incident occurred. The load on the scaffold was too heavy for the way it was attached to the hydraulic lift. The wood around the forks of the lift snapped, causing the scaffold and the two individuals to fall. Personnel on site called 911 and the victim was life-flighted to the hospital where he was pronounced dead. The other worker fell clear of the scaffold and was not severely injured. He was transported by ambulance to the hospital.

The Nebraska Department of Labor Investigator concluded that to prevent future similar occurrences:


Employers should not use "homemade" scaffolds on lifting devices.

Employers should ensure scaffold platforms are securely fastened to the lifting device they are attached to.

Employers should develop, implement and enforce a comprehensive safety program that includes, but is not limited to, training in all hazard recognition and abatement.


PROGRAM OBJECTIVE:

The goal of the Fatality Assessment and Control Evaluation (FACE) workplace investigation is to prevent work-related deaths or injuries in the future by a study of the working environment, the worker, the task the worker was performing, the tools the worker was using, and the role of management in controlling how these factors interact.

This report is generated and distributed solely for the purpose of providing current, relevant education to employers, their employees and the community on methods to prevent occupational fatalities and injuries.

 

INTRODUCTION:

On September 2, 1998, at approximately 1:30 p.m., a 37-year-old carpenter was killed when the portable wooden scaffold he was on collapsed. The Nebraska Department of Labor was notified of the incident by OSHA on September 2, 1998. The Nebraska FACE Investigator conducted a site visit with OSHA on September 2, 1998. The Nebraska FACE Investigator conducted a site visit on September 3, 1998 with a Spanish Interpreter from the Nebraska Department of Labor to interview Spanish-speaking employees. Interviews were also conducted on September 8 and 9, 1998. Interviews were conducted with the company owner, employees and other workers on site at the time of the incident.

This construction company has been in business for 34 years. The victim had been employed by the company for 10 years. The total number of employees in the company is 10 and 6 were at the incident location. The company does not have a safety manager or a written safety program. This was the first fatality in the history of the company.

 

INVESTIGATION:

On the day of the incident the victim began work at 6:30 a.m. The incident occurred at approximately 1:30 p.m. while the victim and a coworker were working on a portable wooden scaffold. The scaffold was made by the company to use as a platform while installing sheathing and plywood to buildings being constructed. The incident portable scaffold/platform was made out of plywood, 2 x 4s and 2 x 6s. A sketch of the platform is at figure 1. The platform was 14' x 4' and was built around April 1998. The total hours of use for the platform was estimated at 30 hours and it was used approximately 3 hours the day of the incident.

The platform was normally lifted in the middle with the 4 foot forks of the lifting machine supporting the full width (4 feet) of the platform. The area they needed to work in was only 11 feet wide so the platform would not fit in with the forks in the middle (see figure 2). The workers decided they would lift the platform from the end rather than the middle, allowing them to get into the 11 foot wide space. Company personnel told me that this was the first time this platform had been lifted and used lengthwise. The 14 foot long platform was then supported only from one end by the four foot long forks of the lifting machine. The load on the platform consisted of 8 sheets of ½ inch plywood (approximately 60 pounds each) 10-12 sheets of insulation, and 2 workers. The load on the platform was approximately 900 pounds. The platform was lifted into place, with the workers and materials on it. The open side of the platform was against the building. It had been in place approximately 45 minutes when the incident occurred. The wooden channels, into which the forks were inserted, snapped and the platform appeared to roll inward toward the building, throwing the workers to the ground. The platform and the materials on it landed on the victim, causing fatal injuries. The other person on the platform was thrown clear and suffered a broken pelvis. Personnel on site immediately called 911 and the victim was life-flighted to the hospital and the other worker was transported to the hospital by ambulance.

 

CAUSE OF DEATH:

The cause of death, according to the Death Certificate, was blunt trauma to the chest and abdomen.

 

RECOMMENDATIONS/DISCUSSION:

Recommendation #1: Employers should not use "homemade" scaffolds on lifting devices.

Discussion: The portable wooden scaffold in this incident was made by personnel in the company. CFR 29 1926.451 (c)(2)(iv) states, "Front-end loaders and similar pieces of equipment shall not be used to support scaffold platforms unless they have been specifically designed by the manufacturer for such use." Had this platform been designed by the manufacturer of the lift being used, it would have had weight limits and instructions for proper use. Recommend any "homemade" portable platforms, used by any company, be dismantled and replaced with authorized platforms.

 

Recommendation #2: Employers should ensure scaffold platforms are securely fastened to the lifting device they are attached to.

Discussion: The portable wooden scaffold in this incident was not securely attached to the lifting device. The platform was supported only by the 4-foot long forks inserted lengthwise into the 14- foot long platform. CFR 29 1926.451(c)(2)(v) states, "Fork-lifts shall not be used to support scaffold platforms unless the entire platform is attached to the fork and the fork-lift is not moved horizontally while the platform is occupied." Authorized platforms should come with instructions regarding proper fastening to the fork-lift.

 

Recommendation #3: Employers should develop, implement and enforce a comprehensive safety program that includes, but is not limited to, training in all hazard recognition and abatement.

Discussion: A comprehensive safety program should have addressed the hazards of using a "homemade" platform. Also personnel should have been aware of the danger of lifting the incident platform lengthwise. CFR 1926.454(a) states in part, "The employer shall have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards." It should be stressed in safety training that anytime anyone senses something is unsafe, they should discuss it. If is seems unsafe - it probably is.

 

REFERENCES:

Office of the Federal Register, National Archives and Records Administration, Code of Federal Regulations, Labor, CFR 1926.451 and 1926.454, 1998.

 

To contact Nebraska 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