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San Jose construction site accident lawyerThe Occupational Safety and Health Administration (OSHA) has announced that is delaying enforcement of parts of a new rule aimed increasing workplace and construction site safety. The provisions specifically address post-reporting retaliation and were set to take effect on August 10, 2016, but have been pushed back to November 1, 2016, so affected companies and contractors have more time to become educated about the new requirements. At least one lawsuit has also been filed by industry and trade groups seeking to have the provisions removed from the rule altogether.

Electronic Recording and Reporting

Earlier this year, OSHA issued a set of regulations—known as a final rule—looking to improve workplace injury and illness tracking, including injuries that occur on construction sites. The rule requires employers in particular industries to electronically record and report data about on-the-job accidents and illnesses so OSHA can use the information to identify trends and develop safety protocols. The rule also updates requirements regarding the way employers inform their workers about reporting workplace injuries. The recording and reporting portion of the rule is set to be phased in over the next two years.

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San Jose construction site accident lawyerAn active construction site is an extremely dangerous environment. A single project can require dozens of subcontractors, hundreds of workers, and countless tons of vehicles and machinery. Each year, thousands of workers are injured while working on or visiting a construction site. In addition, nearly 20 percent of all on-the-job fatalities occur in the construction industry. With so many moving people and parts, it is virtually inevitable that accidents will sometimes occur, as two workers in Sacramento recently discovered.

Airport Accident

The California Division of Occupational Safety and Health (Cal-OSHA) is investigating an incident that happened earlier this month which sent two individuals to a local hospital. The two were workers employed a construction company responsible for building new hangars at Mather Airport in Sacramento. When the accident first occurred, reports indicated that a building had collapsed, but when first-responders arrived, they discovered that an iron beam had fallen, injuring the two workers.

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San Jose construction accident lawyerA 61-year old worker was killed last month in a tragic construction accident at San Francisco’s Moscone Center involving an aerial lift and a concrete beam. The incident is hardly the first time that the company who employed the man has come under fire for workplace safety concerns. According to reports, the employer has paid thousands of dollars in fines for more than 20 safety violations over the last ten years.

Various news outlets are reporting that the worker was in the basket of an aerial lift—often referred to as a cherry-picker—when he was crushed against a concrete beam. He was working on a ramp area that leads underground on the site of the Moscone Center’s $350 million expansion project. The man worked for Ahern, a truck and equipment rental company that has been the focus of several investigations by the California Division of Occupational Safety and Health (Cal/OSHA) in the last few years.

A History of Problems

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construction accident, San Jose construction accident lawyerAn investigation into the death of a construction worker who fell from the 53rd floor of the Wilshire Grand Center tower in downtown Los Angeles last month has been completed. According to reports, the Los Angeles County coroner’s office has ruled the death of a 36-year-old electrician contractor a suicide. The construction site fatality was the first significant incident since work began on the tower project three years ago, but the general contractor of the project is no stranger to accidents and controversy. The same company recently came under fire for a construction site explosion in San Jose that was never reported to state regulatory officials.

Fall-Prevention Measures Were in Place

Turner Construction Company—one of the most recognizable names in the North American construction industry—is the general contractor overseeing the Wilshire Grand Center project. The company has maintained since the death occurred that the incident was not work-related and that anti-fall measures were installed at the site. An on-site investigation by the California Division of Occupational Safety and Health, commonly known as Cal/OSHA, “confirmed that no fall-protection violations were observed.”

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Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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