Personal Injury Law

Why are construction workers killed from falls when fall protection gear is so readily available?

By Steve Lombardi

Another death resulted in a fall from a swinging scaffold hear Thompson, Iowa. A Minnesota man was working on a construction site building a feed mill at Christensen Farms, when apparently he slipped and fell 150 feet to his death. The man was an employee of the general contractor, Todd and Sargent Inc., which is headquartered in Ames. According to news reports IOSH is investigating the incident.

Probably what they will find is no fall protection was used by this worker, a situation that the GC can prevent by providing it, supervising the employees and enforcing legitimate rules required by OSHA. Fall protection regulations are covered under 29 CFR 1926, subpart M Safety and Health Regulations for Construction, Fall Protection.

"On November 25, 1986, OSHA proposed to revise the fall protection standard. The rulemaking record, developed over a nine-year period, resulted in a more performance-oriented rule, issued on August 9, 1994 (published in volume 29 of the Code of Federal Regulations, part 1926, subpart M, and in volume 59 of the Federal Register, beginning on page 40,672). You can view the rule on OSHA's Internet site at www.osha.gov. In general, the rule requires that an employee exposed to a fall hazard of six feet or more must be protected by equipment that prevents or arrests the fall."

Here is what OSHA's pamphlet on fall arrest states:

"Personal Fall Arrest Systems - 1926.502(d)

These consist of an anchorage, connectors, and a body belt or body harness and may include a deceleration device, lifeline, or suitable combinations. If a personal fall arrest system is used for fall protection, it must do the following:

• Limit maximum arresting force on an employee to 900 pounds (4 kiloNewtons) when used with a body belt;

• Limit maximum arresting force on an employee to 1,800 pounds (8 kiloNewtons) when used with a body harness;

• Be rigged so that an employee can neither free fall more than 6 feet (1.8 meters) nor contact any lower level;

• Bring an employee to a complete stop and limit maximum deceleration distance an employee travels to 3.5 feet (1.07 meters); and

• Have sufficient strength to withstand twice the potential impact energy of an employee free falling a distance of 6 feet (1.8 meters) or the free fall distance permitted by the system, whichever is less.

The use of body belts for fall arrest is currently allowed, but effective January 1, 1998, the use of a body belt for fall arrest will be prohibited; however, the use of a body belt in a positioning device system is acceptable.

Personal fall arrest systems must be inspected prior to each use for wear damage, and other deterioration. Defective components must be removed from service. Dee-rings and snaphooks must have a minimum tensile strength of 5,000 pounds (22.2 kiloNewtons). Dee-rings and snaphooks shall be proof-tested to a minimum tensile load of 3,600 pounds (16 kiloNewtons) without cracking, breaking, or suffering permanent deformation.

Snaphooks shall be sized to be compatible with the member to which they will be connected, or shall be of a locking configuration."

Scaffolds are covered as well an in particular when they are not stable.

"In addition to meeting the requirements of 1926.502(d), personal fall-arrest systems used on scaffolds are to be attached by lanyard to a vertical lifeline, horizontal lifeline, or scaffold structural member. [1926.451(g)(3)]"

The bottom line is that this death was probably preventable if OSHA rules had been followed. If and who weren't following them is not known. Only a good investigation can determine those answers.

Full post as published by Des Moines Personal Injury Lawyer on April 17, 2008 (boomark / email).