Construction and Litigation

Many times the law is ignored because people simply do not know what the law entails. However, in the year 2004, approximately 1,234 workers were killed in the private construction industry. 70% of those deaths occurred in males that were between the ages of 24 and 54.

Even more telling is the number of non-fatal instances in the workplace. The number is a staggering 401,000 illnesses and injuries that were not fatal. The interesting part is that many of these injuries and illnesses can be prevented, and when there is prevention, there is cost efficiency.

The highest priority of the construction industry is visibility. People are distracted on the road, and in today’s world of cell phones, PDA’s, DVDs, and text messaging, it makes liability even greater. The implementation of safety vests in the construction industry is required by law, and there is a large percentage that litigation will be lost without taking this proactive step toward safety. Safety vests should be ANSI certified and they should come in high visibility colors such as orange or lime. There should be reflective striping along the vest in order to increase the chances that a person can be as visible as possible against areas where there is high traffic or overcast weather conditions. There are even vests that can light up in order to provide greater visibility at night.

There are many sites, conditions, and states that require hearing protection in order to operate certain types of machinery, work within range of certain types of machinery, or in specific areas. You should check with your local governments regulations to see whether or not your employees need to have hearing protection on them at all times.

If your worksite is in a confined area, there should be respirators worn at all times. Again, the law is different within different states, so you should always check with your local regulations. Proper lung protection should always be considered mandatory because there is a maximum of 6 years (depending on state) that a person is able to bring litigation to a company for medical bills, diagnosis, and treatment. The statute of limitations also begins after diagnosis, which, in English, means that if you don’t provide your staff with the proper respirators, they could be diagnosed with mesothelioma (a form of lung cancer) in 15 years and then 5 years after that…sue you for everything you have. The cost of a few respirators should now look like a small price to pay.

Blindness is also a very expensive condition to maintain. Often times, when a particle has flown into the eye, the eye has to be extracted. The eye is not only a nerve intensive organ but it is also considered (legally) to be part of someone’s livelihood. Therefore, if you do not make safety glasses mandatory, your employees could later file a lawsuit claiming that a piece of dirt flew into their eye, caused damage, and destroyed their livelihood. You could find yourself paying for an extra family and kids that are not yours. Make sure that you buy safety glasses in bulk so that even if someone losses a pair, they have another in reserve.
Litigation is expensive, and it is often times unnecessary, and proactive measures are not as expensive as you may think. Safety is a priority, and it is a way to protect yourself while also making sure that your staff is out of harms way. Think about the big picture before you make your budget cuts. You could save someone’s life…maybe even your own.