New York Construction Accident Law Blog : New York Construction Injury Lawyer & Attorney : Turley, Redmond & Rosasco Law Firm : Injuries & Scaffold Accidents : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

(Courtesy of Your Nabe.com)

The Queens Borough Commissioner for the NYC Department of Buildings recently took a break from his office in Kew Gardens, New York. Mr. Ira Gluckman put on a hard hat and rode a hoist to the 14th floor of a building under construction in Flushing, Queens.

When Mr. Gluckman reached the 14th floor of the building, he climbed out of the hoist to talk to the construction workers about workplace safety   According to an article in Your Nabe.com, Mr. Gluckman told the workers: “Safety is the number one thing, We want everyone to be able to go home every night to their families and to collect a paycheck and to be able to return to work in the morning.”   Mr. Gluckman's visit to the construction site was part of Site Safety Week, an effort by the Department of Buildings to raise awareness about Queens construction worker accidents across the city.

Mr. Gluckman is right - construction site safety is number one.  But while chatting with construction workers at a building under construction might make for a " good photo op" , it isn’t doing much towards making New York’s construction sites safer.

That’s because the real problem is not whether construction workers are wearing their hardhats or not - it's unscrupulous general contractors who risk the lives of the city’s workers for the sake of profit, and who see paying fines issued by the Department of Buildings simply as part of the cost of doing business.

The facts speak for themselves.  After a crane accident in March, 2008, in which seven people were killed, the Bloomberg administration responded by issuing new protocols, increased inspections, and a new commissioner of the Department of Buildings.  And yet, only a few months later in May 2008, another crane collapsed in New York's Upper East Side, and killed two more people. And sadly, that dangerous trend is continuing.

Our new Manhattan District Attorney Cyrus Vance Jr. is taking the right approach. He’s not just talking tough, he recently threw the book at the crane company owner  from the May 2008 crane crash and charged him with manslaughter.

It’s a nice gesture for the Queens Borough Building's Commissioner to chat with construction workers about construction accident prevention.  But until the Department of Buildings starts taking accident prevention seriously, more New York construction workers are going to continue to suffer needless injuries and deaths.

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Thanks to the always excellent Workers' Comp Insider blog  which brought to my attention this disturbing NY Times article about fake asbestos and lead tests conducted in buildings throughout New York City. Saverio F. Todaro recently plead guilty in federal court to various crimes regarding his falsification of reports.  Click here to see the US Attorney's special web page on this case.

The demolition and construction industry in New York City has always been rife with corruption. Asbestos and lead clean-ups prior to a building demolition can cost millions of dollars, and a "clean" inspection report can be a major time and money saver for contractors. Unfortunately, such "fake tests" expose both workers and children occupying such buildings to cancer causing toxins like asbestos and lead.

The Bloomberg Administration cannot ignore this problem any longer and must get serious about enforcement. Too many of their own officials in the City Buildings' Department are themselves corrupt.   As the Times article details, this may be just the "tip of the iceberg". New Manhattan District Attorney Cy Vance should lead the charge to rid the construction industry of as much corruption as possible.

I am not so naive to think that the rough and tumble world of NYC construction will ever smell like roses, but currently it smells like a cesspool.  We need you, Mr. Mayor, to step up and take control of this situation before the seeds of cancer are planted in more innocent workers.  

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(courtesy of DNA Info/Patrick Hedlund) The Grand Street apartment buildings that were gutted by fire.

The Department of Buildings recently approved the demolition of two buildings in Chinatown, that were were gutted following a recent seven alarm fire on Grand Street. This is a cause for concern since New York City’s regulatory agencies have a poor track record when it comes to ensuring that its demolition sites are safe.

Just look at what happened after the tragic 2007 fire at the former Deutsche Bank tower in which two firemen were killed.  Following that fire, the Deutsche Bank building was gutted and had to be demolished. Although New York law requires that a contractor obtain a permit from the Department of Buildings before it begins a demolition project, when the Occupational Safety and Health Adminstration (OSHA) inspected the Deutche Bank demolition site, it turned up several major safety violations at the demolition site.

In fact, according to an article in the Downtown Express, the problems on the Deutsche Bank demolition site were just the tip of the iceberg.  According to the article, a few years ago, OSHA did 45 site inspections of demolition work in the city. At 38 of those sites, inspectors issued a total of 175 violations. That’s almost 4 violations per inspected demolition site, almost 25 percent higher than OSHA’s average of just over 3 violations per general construction site!

What's worse, I called OSHA and discovered there were even more problems at New York City demolition sites in 2009!  Last year, OSHA did 54 site inspections of demolition work in the city and there were problems at 45 of the sites, for a total of 225 violations, averaging 4.2 violations per inspected construction site. This is simply unacceptable!

Following the major safety problems connected to the Deutsche Bank tower fire, Mayor Bloomberg assigned a working group to investigate how the FDNY and the DOB - agencies which regulate demolitions in New York - were handling demolition, construction and abatement safety. The reason for creating the working group was because a “more comprehensive approach was needed.”

The working group made 10  recommendations, specifically regarding demolition safety, such as that the DOB require additional site safety for buildings that are 25 stories or more, and that the DOB require that site safety managers conduct daily checks of standpipe connections and valves.

I called the DOB and asked them how many of the working group’s 10 recommendations regarding demolition safety have been implemented by the DOB. They said they would look into it, but no comment was received prior to this post.

The point is NY construction accident lawyers  like me can only help so far as obtaining damage awards for construction accidents injured people wish would have never happened in the first place.  The focus of the DOB has to be on accident prevention, and not simply handing out fines which many companies see, sadly, as just one of the the costs of doing business.

I commend Mayor Bloomberg’s office for creating a working group to make recommendations regarding safety at demolition sites in New York.  But making good recommendations can only go so far- the Department of Buildings has to implement them to make construction sites safer.  Based on how OSHA keeps finding serious problems at New York emolition sites, they don't appear to be doing that.

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(Courtesy of  The New York Times) The Lower East Side excavation site and the day care center next to it that was damaged by construction work.

I'd like to offer a heartfelt thanks to a contractor called Central Construction Management of Queens. This company has been doing excavation work at 265 East Houston Street  in New York's Lower East Side, where the owners of that property plan to erect a new eight story residential building. The excavation work was occurring right next to an old four story building which houses a day care center for 2-6 year olds- and can accommodate 80 children.

Recently, when the day care center was closed, workers at the site were drilling holes to put in foundation supports (pilings), and alarms went off telling them that there was a problem at the neighboring building. Luckily, the contractor did the right thing and immediately notified the NYC Department of Buildings (DOB). Upon later inspection, it turns out that while doing the drilling, the contractor had accidentally "compromised the structural integrity" of the building housing the day care center, according to the Department of Buildings.

The good news is that no one was hurt. The DOB put a stop work order into effect at the excavation site, and the day care center has been closed and will not reopen until the structural problems at its building are fixed. In this case, credit is due to the contractor for contacting the DOB immediately upon realizing they may have caused damage to the neighboring building.

Doing excavation and/or demolition work next to a old building is a daunting task, which needs to be closely monitored by the DOB. This general contractor stepped up and informed the DOB that they may have damaged the neighboring building- potentially averting a horrible tragedy in which innocent children could have been hurt or worse. Unfortunately, not all general contractors have the same integrity as Central Construction Management of Long Island City.

It is not enough to leave the safety of the general public, our workers, and in this case our children- in the hands of construction contractors. The DOB has to step up it's construction accident prevention efforts on projects to prevent potential tragedies.  Construction accident lawyers like me can only provide monetary compensation for injuries our clients would have much preferred never having. Most New York City building contractors treat construction accident lawsuits and workers' compensation claims as simply the cost of doing business, which is a sad commentary on the entire construction industry. 

More needs to be done by the NYC Department of Buildings to prevent construction site accidents, and soon, because next time New York's children may not be so lucky.

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(Photo Courtesy of the New York Daily News)  Emergency crews rescue man trapped in rubble after Brooklyn building collapses.

I'm glad to hear that New York City's Department of Buildings (DOB) is investigating the recent collapse of a three story building in Brooklyn.

Although there were no fatalities, it was a serious accident, with dust and debris flying into the air as the Williamsburg property crashed into the ground. Four people were injured at the site where the Conselyea Street building was being renovated, including one construction worker who was trapped in the rubble for twenty minutes before being pulled out by emergency services. The seriously injured worker was rushed to Bellevue Hospital where he was reportedly in stable condition.

The DOB says it plans to issue fines against the contractor - Brooklyn based China Perfect Construction - for building code violations in connection with the accident, as workers at the site may have removed a necessary support beam.  China Perfect advertises itself on it's website as "setting it's prices 20% less than other general contractors".   Is this a "you get what you pay for" situation"?

"Contractors must be held responsible for their work and in this case it appears that critical supports to the building were removed," said  a DOB spokesman in an interview with the New York Daily News. "Violations with monetary penalties will be issued." That should make a big difference?!

Although it is commendable that the DOB will likely fine China Perfect Construction and the Chief Engineer on the site, they shouldn't pat themselves on the back yet.   About a year ago, the Department of Buildings issued a violation after they received a complaint that there were cracks in the exterior of the same Conselyea Street Building. Yet, according to public records, the contractor didn't receive so much as a slap on the wrist.  

The time for the New York City Department of Buildings to take action is not after tragedy strikes - but before construction accidents occur.  Issuing a paper violation and not handing down a fine- like the DOB has done in the past to China Perfect Construction isn't an effective deterrent to prevent  future accidents. The DOB also has to take more steps to ensure that there are no more people like its corrupt former chief crane inspector breaking the law within its own ranks.

The emphasis of the NYC Department of Buildings must be to prevent construction site accidents, not simply fine general contractors.  Fines inevitably just become a cost of doing business for such contractors, even when such costs are tinged with the blood of innocent workers.

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Courtesy of the New York Post. NYC's former top crane inspector pleads guilty to taking bribes
 

Shame on you.  That's all there it to say to New York City's former top crane inspector. On March 24 , 2010, 61-year old James Delayo plead guilty to pocketing over $10,000 in bribes and selling the safety of his city's residents up the river.  He admitted he repeatedly sold answers to the "crane-operator licensing test" , and even sold the licenses themselves!

Although the bribes were relatively small, the risk this so-called "public servant" exposed the general public to was enormous, since as a result of his greed, Delayo put many people who had never honestly passed the city's crane-operator test behind the controls of NYC's largest construction cranes - cranes measuring 200 feet tall and weighing fifty tons!

According to prosecutors, Delayo's partner in crime was a Long Island based crane company called Nu Way Crane Service, and that he provided that  company with advance copies of the crane operator's exam for three thousand dollars.

Delayo's scheme was uncovered  by the Manhattan DA's office who had been investigating a series of deadly construction accidents involving giant cranes-- such as the one on March 15, 2008 which killed 7 people and destroyed a townhouse on Manhattan's Upper East Side, and another accident where two people were also killed in New York City as a result of giant crane crash.

This is not the first time new Manhattan District Attorney has thrown the book on people who break the law in the construction industry. Earlier this month, DA Cyrus Vance Jr., charged the owner of a crane rental company with manslaughter for his role in a deadly crane accident on East 91st Street in New York's Upper East Side. The DA Vance's recent crackdown on illegality in the construction industry is a big step in the right direction. 

This is especially true when it comes to public officials like Mr. Delayo, who are morally and legally required to hold themselves to a higher standard than ordinary folk. The City of New York not only paid Mr. Delayo's salary; its residents trusted him to protect them.  Delayo repaid them by selling out their safety for a few extra bucks. Mr. Delayo will be sentenced in May and is facing from two to six years in jail.  Even New York's best construction accident lawyers  cannot protect the public from this type of criminality. 

Perhaps when he is behind bars, Mr. Delayo will have time to consider that he has not only broken the law, but betrayed the very people he was hired to protect.

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photo courtesy of the Associated Press

Kudos to the new Manhattan DA for getting this one right.  Manhattan District Attorney Cyrus Vance has filed serious criminal charges  against the owner of a Manhattan construction company that he says put a defective crane into service.

In May 2008, Donald Leo was operating a crane at a construction site on New York's Upper-East Side when it snapped and crashed into an apartment building on 91st Street, killing Leo and a construction worker. The giant crane had been rented by a developer from a company owned by James Lomma of Staten Island.

Now, Lomma has been charged with manslaughter and criminally negligent homicide in connection with his role in the tragedy - charges which can result in 20 years in prison. In the indictment, Manhattan DA Vance says that Lomma knew an essential part of the crane was defective. But Vance says that instead of paying for a proper replacement part, Lomma used a much cheaper part built by an unqualified Chinese company. In his indictment, Vance says that the company even warned Lomma that the makeshift repair wouldn't hold, but Lomma rented the machine anyhow!

And to add insult to injury, this collapse happened just two months after another fatal crane collapse on East 51st Street that also involved a crane rented from one of Mr. Lomma’s companies. Seven people died in that crane collapse, but Mr. Lomma was not charged.

The 64 year-old Lomma – owner of the New York Crane and Equipment Corp - could serve the rest of his life behind bars.

But even that hefty price is still no match for the suffering faced by the families that lost their loved ones—men who innocently went to work one day and never came home. It's often the case that construction company owners who break the law just get sued under for negligence under New York Labor Law 241(6). They don't usually face criminal charges - which is certainly a much stronger deterrent.  Thanks to DA Vance's indictment, that might be changing now.

The goal must be increased worker safety and preventing future fatal construction site accidents.  

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As reported in today's New York Daily News, Bronx construction worker Jose Jerez was seriously injured yesterday when he fell 14 feet onto a piece of plywood floor while working at the Freedom Tower. The 28 year old Jerez was working on a doorway 100 feet above ground level at Ground Zero. The article did not describe the cause of the worker's plunge and what, if any, safety equipment was provided to him to prevent the fall (perhaps a harness?).

Unfortunately, the story dealt more with the "turf war" between the Port Authority and the FDNY over which agency should respond to such emergencies.  Apparently, the Port Authority  has sole jurisdiction over the former World Trade Center site, and actually prevented Fire Department medical responders from entering the site to help Mr. Jerez..

This is typical of New York City bureaucracy BS!  If the New York City Fire Department medical team responded first, were they supposed to just wait outside the fence to the Freedom Tower while the construction worker screamed in pain?!  Thankfully, I have a feeling that New York's Bravest" wouldn't stand for such silliness and would always do whatever was necessary to aid an injured worker.

This is not the first construction accident fall at the Freedom Tower, and it certainly won't be the last. Click here to follow the ongoing progress of the re-building of Ground Zero in pictures (they have now placed the structural steel up to 20 floors).   Let's hope the Port Authority responds more professionally in the future. 

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The winter of 2010 is turning out to be particularly hazardous to New York City construction workers who regularly work outside or in unheated enclosures. This year's unusually low temperatures, when combined with large snow falls, lingering ice, and frequent downpours of rain, have created a "perfect storm" causing untold numbers of carpenters, iron workers etc. to have accidents on construction sites that would not normally have occurred during a milder winter. 

Just yesterday, Turley , Redmond, Rosasco & Rosasco was retained by a worker who stepped off a hi-lo onto ice that should have been cleared, sanded, or salted by the owner of the property where he was working. Our client fell directly on his rear end and suffered a severely fractured  coccyx bone (more commonly known as the tail bone and almost impossible to repair surgically). His orthopedic doctor at a university hospital said he had only seen such a severe break of the coccyx bone in professional athletes.  He was told he would be out of work for at least six months to see if it will heal on it's own. Otherwise, he will have to consider surgery and Social Security Disability.

The sad part of this story is that this injury was entirely preventable. Our client, along with numerous other employees, had complained to the property owner about the dangerous ice conditions for weeks after the large snow storm earlier this winter. The property owner had piles of salt and sand stacked on the work site, but failed to use it.  It was as if the sand and salt were there just for show!

For his immediate money and medical needs, the worker will have to live on New York workers' comp benefits for the foreseeable future. Luckily, since the property owner was not his employer, we will be able to sue for additional economic damages and pain and suffering.  However, in order to get the client the maximum potential recovery at trial, it is likely that  the client will be waiting for at least a few years. All of this could have been prevented had the property owner simply spread a little sand and salt on the ground! Silly!

In this frigid weather, according to OSHA, there are many things construction workers can do to protect themselves in cold weather. Please remember to dress properly (layers, hats, gloves, Vaseline on your toes before putting on socks), take frequent breaks, and avoid drinks with caffeine or alcohol.  Despite what others might say, a warm cup of "Joe" or a small nip of brandy will only make you colder.  Better to drink a warm sports-type drink.

Finally, there is no better protection than being alert at all times on a construction site. This means getting a good night's rest before working outside the next day in the cold.  Experienced New York construction accident lawyers  know that extremely cold weather and outside work is often times a recipe for unfortunate accidents. Be careful out there! 

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