Scaffolding can be extremely dangerous if set up or used improperly. That is why OSHA has so many rules for proper use, proper setup, and proper training.
Common OSHA violations for scaffolding include gaps that are too wide between boards, missing toeboards, missing fall-arrest systems, bad cables or ropes for suspended scaffolding, improper employee training, and leaving dangerous workers to go without retraining. It is important to remember that you do not always need an OSHA violation to sue, and many injured workers can get damages without a specific violation.
For a free case evaluation, call the construction accident attorneys at the Law Office of John J. Sheehan at (617) 925-6407 today.
Common OSHA Violations for Scaffolding Training
Workers need to be properly trained in using and setting up scaffolding in order to stay safe. This means that OSHA writes specific training requirements for the construction industry to follow whenever they’ll be using scaffolding.
Training All Workers
All workers who go up on scaffolding or use it need to be trained. Letting workers climb up the side of a building with no training is an easy way to get someone hurt.
How to Deal with Falls and Hazards
Workers need to know what to do if something drops to help avoid injuring themselves and others.
Identifying Load Capacity
There are requirements for how much scaffolding needs to weigh and be able to hold. If workers don’t know how to identify these things, they cannot know if the scaffolding meets the requirements.
Hazard Information
Knowing what to look out for is often half the battle in preventing injury. Proper training and awareness are key, so this is an important training requirement employers might neglect.
Retraining Untrained/Dangerous Employees
There is a specific requirement in regulations that if the employer suspects a worker doesn’t know what they’re doing, they have to pull them. This requires them to retrain them and make sure they do know the rules before letting them back up on the scaffolding.
OSHA Requirements for Scaffolding Setup and Use
OSHA also has rules about the actual setup, construction, and operation of scaffolding. If these are violated, injuries are more likely. These rules are split into specific categories:
Capacity
Scaffolding needs to be able to support not only the construction workers, the materials, and any tools they need, but also the scaffolding stacked above them. Usually, they must be rated to hold at least 4 times their own weight.
On top of this, there are capacity limits for suspension ropes, hoists, and other hardware. Overloading limits or using insufficient scaffolding can lead to a collapse and serious injuries that our construction accident lawyers can help you get damages for.
Scaffold Platform Construction
Platforms need to be planked with limited gaps to prevent things from falling between the boards or fingers getting stuck. They also need toeboards to prevent things from being kicked off, and the gap needs to be a certain size to prevent your boot from getting stuck underneath.
Other construction requirements deal with materials, size, distance from the surface you’re working on, overlaps, etc.
Criteria for Supported Scaffolds
If the scaffolding is built up from the ground, these are the rules that govern it. There are requirements for ties, braces, outriggers, poles, frames, etc. There are also rules that you should not rest the supports on things like forklifts unless they are properly secured to the fork.
Criteria for Suspended Scaffolds
If the scaffolding is suspended from cables, these are the rules to follow. These deal with the cables, hoists, beams, and counterweights, among others. Violations of these rules usually mean the scaffolding was free to swing or move in a dangerous way.
Some important rules require ropes and cables to be swapped out if they are damaged to certain degrees and dictate the spacing requirements between ropes/cables.
Access
You can’t use scaffolding without a safe way of climbing up. There are rules for secured ladders, hook-on ladders, stairs, towers, ramps, etc. These must be secured properly and left accessible to climb back down.
Use
These rules deal with proper inspection, setup, what to do if there’s damage, how to keep safe from power lines, etc. They also have rules about keeping the surfaces clear of debris and what kinds of things are dangerous to do (e.g., moving scaffolding).
Fall Protection
Certain rules are in place to keep workers from falling off. These deal with railings, personal fall arresters, lines, nets, etc. They also deal with the requirements about who can assess and approve that the safety lines are set up properly.
Falling Object Protection
While falling can be dangerous, being below something that falls off of scaffolding can also be a huge issue. These rules deal with toeboards to prevent things from falling off, as well as canopies and nets to catch falling objects.
Remember that tools are not the only things that can fall; bricks, boards, and even beams can cause serious injuries below.
Who is Responsible for Violations?
Most OSHA rules put requirements on employers and site operators. This means that the fault would conceivably lie with them for violations that injure people.
Do You Need an OSHA Violation to File a Workers’ Comp Claim or Lawsuit?
You cannot typically sue your employer, only third parties who caused your injuries. This could lead to a case against a negligent scaffolding manufacturer or a third-party company that set up dangerous scaffolding (e.g., another contractor or the property owner).
However, you do not need an OSHA violation to file a Workers’ Compensation claim with your employer. These are no-fault claims, and you do not need to show your employer was at fault to collect benefits. Sometimes accidents happen despite everyone’s best intentions, and Workers’ Compensation can still pay for those damages.
Call Our Construction Accident Lawyers Today
For help with your potential case, call (617) 925-6407 to speak with the Law Office of John J. Sheehan’s Boston construction accident lawyers.