Do Construction Companies Have to Install Canopies or Netting?

Most construction sites are fraught with various dangers. Among the worst accidents on construction sites are those caused by workers falling and falling objects.

However, construction companies must install safety net systems anywhere workers are exposed to falling dangers. If they fail to do so, they are in violation of numerous federal and, likely, state regulations. Construction companies must also ensure that the netting meets the guidelines for the type of project it is being used on. They must also train every worker in their employ who might be injured in a fall accident and designate a trained and competent safety manager to routinely inspect netting and canopies for wear and defects. If they violate one of the numerous regulations placed on them, it can be used as evidence of negligence.

For a free review of your case, call our Massachusetts construction accident attorneys at the Law Office of John J. Sheehan in Massachusetts at (617) 925-6407.

Do Construction Companies Have a Duty to Install Fall Protection like Canopies and Netting on Worksites?

According to a Bureau of Labor Statistics report, there are more than 42,400 falling object accidents every year even though the Occupational Safety and Health Administration (OSHA) imposes numerous general duties on property owners and construction companies for the site’s safety under 29 C.F.R. § 1926.20. OSHA also imposes specific duties for the installation of fall protection systems like netting and canopies and for workers to be trained properly. However, the numbers indicate many construction companies ignore these responsibilities.

Our construction accident attorneys in Massachusetts can help you recover compensation if you suffered injuries on a worksite where a net or canopy would have prevented them. They should be held liable if they provided substandard materials in violation of accepted criteria. Construction companies are also responsible for training workers exposed to heights and falling objects, including assigning a safety supervisor specializing in fall safety. In virtually all construction projects, owners and general contractors have numerous obligations regarding fall protection, and each violation can be used as evidence against them in a claim.

Duty to Install Fall Protection

Besides a general duty to make the construction site safe, companies also have a duty to provide OSHA-compliant fall protection systems under § 1926.501. Most construction projects must have safety net systems and other fall protection if people are working at heights with leading edges over six feet. Netting must also be installed under employees working six feet or more above dangerous equipment, as per § 1926.501(b)(8)(ii). Further, construction companies must inspect safety nets at least once a week for damage, wear, and any other deterioration and remove defective netting, according to § 1926.502(c)(5). Materials and equipment that fall onto the net must also be cleaned before the next shift.

To protect workers from falling objects, § 1926.501(c)(2) directs construction companies to erect canopies where workers might be exposed to them. Equipment must also be kept from the edge or barricaded as an added safety measure. Our team can investigate the construction site to determine if the area where you were injured should have been protected by a net system or canopy.

If a company is engaged in certain types of construction projects, like residential or leading edge construction, and cannot use standard netting and canopies, it must develop a fall protection plan that conforms to OSHA’s regulations under § 1926.502(k). If the site you were injured on did not have fall protection or a plan in place, the construction company is in violation of several regulations for which they can be held accountable.

Fall Protection Materials Requirements

1926.502(c) directs construction companies in what types of nets must be used and where they must be installed. Safety net systems must be installed as close under the working surface as possible but can be no more than 30 feet below the working level.

How far safety nets must extend outward from the area depends on how far the horizontal plane of the net is from the working level. If the distance is up to five feet, the net must extend out eight feet horizontally from the working surface’s edge. The net must extend 10 feet outward if the height is between five and 10 feet and 13 feet outward if higher than 10 feet.

Safety nets must also be able to absorb the impact force equal to the force produced by the “drop test.” For a netting system to pass the drop test, it must be able to withstand the force produced by a 30-inch bag of sand weighing 400 pounds dropped from the highest working surface that employees will be exposed to. Our lawyers can have the netting involved in your accident to determine if it met these standards.

If the construction company uses canopies for falling object protection, they must be strong enough to prevent an object from penetrating a canopy or causing it to collapse, according to § 1926.502(j)(8).

Fall Protection Training Requirements

Construction companies also have a duty to provide training programs to any workers who might be exposed to falls or falling objects under § 1926.503(a). Workers must be trained in the nature of fall hazards and the correct practices and procedures for installing and maintaining netting and canopies, including the operation and use of these systems. Construction companies must also verify with a written certificate that they have trained the necessary employees, as per § 1926.503(b)(1). If the construction company believes an employee lacks the skills or understanding to work with these systems, § 1926.503(c) requires that they retrain the employee.

Construction companies also have a duty to appoint a trained individual to act as a safety monitor for the site and other employees, according to § 1926.502(h). If the safety monitor fails in their duties, the construction company can usually be held vicariously liable.