Federal safety regulators with the Occupational Safety and Health Administration
(OSHA) have launched an investigation into a construction accident that resulted in fatal injuries for worker Jeffrey P. Pasinello. According to a report in the Albany Times-Union, Pasinello fell from the roof at a warehouse in Mechanicville, New York, and died at the scene the morning of Feb. 9. Pasinello worked for a welding company whose owner said the worker was wearing safety gear when he was working on the roof of the warehouse building.
The company has one incident on its record for a “serious” fall in 2010, the Times-Union reports. That incident involved an aerial lift and OSHA cited poor training and violations related to the lift. The Times-Union reports that the company negotiated with OSHA to not pay any fines in the case. In this most recent incident, OSHA is looking into whether the worker was equipped with the correct safety harness or if his employer had used other safety measures.
We offer our deepest condolences to the family members of Jeffrey Pasinello for their tragic loss. They will be in our thoughts and prayers.
OSHA Standards and Ongoing Investigation
OSHA standards require employers to evaluate hazards and protect workers from falls when they work at heights of 6 feet or more. Fall protection equipment may include systems such as harnesses, safety net systems and guardrails. In addition OSHA requires companies and contractors to take special care when conditions are icy.
According to the Times-Union, the most recent fatal fall in Mechanicville occurred “days after a storm coated the region in a slippery layer of sleet and freezing rain.” It is not known if there was ice on the roof when Pasinello was working on it. Companies are also required to identify and mark any features that may be hidden by the snow and become tripping hazards in addition to making sure workers are properly trained before having them remove snow or ice, which may be a hazardous task in itself.
It is not clear what job Pasinello was performing on the roof. OSHA’s investigation into this case may take up to six months. Officials told the Times-Union that the purpose of the investigation is to determine which workplace standards apply in this situation and whether or not the construction company, contractor or other involved parties complied with those standards. If violations are identified, OSHA may issue citations to the responsible parties and propose penalties.
Fall Protection Saves Lives
Personal fall protection systems can go a long way in preventing a number of fall-related deaths in construction. A lot of construction activity in New York requires working from a height or elevation. Ironworkers, steelworkers, carpenters, masons, laborers or electricians typically need to use scaffolds, platforms, ladders etc. to carry out their tasks.
Construction companies, building owners/managers etc. have a responsibility to provide fall protection to workers as well as other personal protective equipment at no cost. Workers should also receive safety training and information about how to use protective equipment in a language they can understand.
Contacting an Experienced Lawyer
A victim who has been injured in a construction accident, in addition to workers’ comp, may be able to file a third-party lawsuit for substantial money damages against a number of parties, and thus have two sources of compensation. Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party.
If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.timesunion.com/news/article/OSHA-investigating-Cohoes-firm-after-fatal-fall-16848232.php