Construction Job Site Safety An Issue Affecting Engineers Nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day. The fatal injury rate for the construction industry is higher than the national average in this category for all industries. Potential hazards for workers in construction include: Trench collapse; Falls (from heights); Scaffold collapse; Electric shock and arc flash/arc blast; Failure to use proper personal protective equipment; and Repetitive motion injuries.

Construction Job Site Safety An Issue Affecting Engineers Five Shocking Facts About Construction Jobsite Safety: As of March 2017 the  Bureau of Labor Statistics  reported 6,882,000 people were employed in the construction industry. This is right at 4% of total employment in the United States.  Yet, they also report that the number of  fatal work injuries in 2015 , the latest available data, was 937 in the construction industry, which amounted to just over 21% of all worker deaths.

Construction Job Site Safety An Issue Affecting Engineers Five Shocking Facts About Construction Jobsite Safety: 1. One in ten construction workers are injured every year . (Source: The Occupational Safety and Health Administration .) 2 . Over the course of a 45-year career, a construction worker has a 1 in 200 chance of dying. (Source: Safety + Health .) ... and 11. Between 2002 and 2012, 19.5% of all workplace deaths were from the construction industry . (Source: EHS Today ).

Construction Job Site Safety An Issue Affecting Engineers OSHA points out, "Construction is a high hazard industry ..." and this is true. Working 100's of feet above the gound on the high steel, working on and around large equipment, climbing ladders, and other construction activities indeed involve elevated risk of injury. However, how can working in an excavation (trench, drilled pier) involve the elevated risk of death due to collapse when all involved know how to prevent the collapse in the first place, AND All regulation of this aspect of construction PROHIBIT any worker from entering an unprotected excavation? Nevertheless, trench collapse injury and death persist throughout the US constuction industry. This is a national disgrace, and Kentucky is not immune from its reach.

Construction Job Site Safety An Issue Affecting Engineers 12/11/17 There has been a trench collapse in Richmond, KY today, and the Coroner has been called to the site. Recovery activities are underway, and may take several hours. I will update this report as information becomes available. 5/4/16 Construction worker is killed in trench collapse on Todds Road

Construction Job Site Safety An Issue Affecting Engineers Sources of Liability Exposure: Regulatory Exposure: Criminal Exposure: Tort Exposure: Engineers have duty to protect workers Tips For Engineers

Construction Job Site Safety Source of Liability Exposure Engineers Are Exposed To Job Safety Liability Construction Industry Can and Should do better Contractors need greater commitment to safety Designers need greater commitment to safety Statutes Provide enforcement, but needs better focus Sources of Liability Exposure: Regulatory Exposure: Criminal Exposure: Tort Exposure:

Construction Job Site Safety Source of Liability Exposure Regulatory Exposure: Enforcement Actions by OSHA Began with a Contractor Focus, but ineffective because fines were less costly than compliance Want to shift enforcement focus to Architects/Engineers Tried in Skidmore Case in 1977, but Court Held: Unless A/E engages in supervisory authority, they are not responsible Moved to CH2MHill Case and gained ground Milwaukee Tunnel Explosion Court Held: Standards apply to Engineer despite contract exclusions because of presence during construction If you have a construction presence and know of an OSHA Violation, Liable for Failure To Correct Violation

Construction Job Site Safety Source of Liability Exposure Criminal Exposures Being Used in Some Jurisdictions to deter unsafe work practices Engineers have been indicted for Reckless Homicide, and Assault and Battery Been used in at least 14 States, seeking prison terms for employees who ignore job site safety issues

Construction Job Site Safety Source of Liability Exposure Tort Law Exposures Regardless of Regulatory or Criminal Enforcement, Engineers exposed to tort action by injured workers Contractor Employee injured or killed in trench collapse Contractor work methods violate OSHA Rules Contractor forces workers inside trench to protect employment Collapse occurs Who Does the injured worker/family sue for damages?

Construction Job Site Safety Source of Liability Exposure Tort Law Exposures Regardless of Regulatory or Criminal Enforcement, Engineers exposed to tort action by injured workers Contractor Employee injured or killed in trench collapse Who Does the injured worker/family sue for damages? Contractor is the at fault party Contractor covered by State’s Workers’ Compensation Insurance program Program Pays injury and death benefits according to statutory schedule of benefits Contractors’ liability exposure ends there, by statute. Plaintiff forced to look toward other parties for compensation of losses.

Construction Job Site Safety Source of Liability Exposure Tort Law Exposures Regardless of Regulatory or Criminal Enforcement, Engineers exposed to tort action by injured workers Contractor Employee injured or killed in trench collapse Who Does the injured worker/family sue for damages? Contractor is the at fault party Contractors’ liability exposure ends there, by statute. Plaintiff forced to look toward other parties for compensation of losses. Owner is exposed, if on site or aware of violation Engineer/Architect is exposed, if on site or aware of violation

Construction Job Site Safety Source of Liability Exposure Engineers have duty to protect workers Carvalho v. Toll Bros. & Developers, 651 A. 2d 492 (NJ Sup App Div 1995) Duty not from Contract Law but Tort Law Matter of Social Policy Peck v. Horrocks Engineers Inc., 106 F3d 949 (10th Cir. 1997). Utah Case Utah rejected the Social Policy Duty found by NJ Court Engineer, doing construction inspection, owes contractor employees NO DUTY Distinguishing factors: Engineer had no scheduling responsibilities Contract specifically excluded job site safe responsibility

Construction Job Site Safety Source of Liability Exposure Tips For Engineers Do Not Accept Responsibility for Contractor means, methods, or job site safety All construction contracts should include this language Have contractor indemnify the owner, designers against claims of bodily injury or property damage from construction accidents Have contractor waive his Workers’ Compensation Immunity Do Not Accept “Stop Work” Authority

Construction Job Site Safety Source of Liability Exposure Tips For Engineers Do Not Accept “Stop Work” Authority If you have “authority” you have corresponding “Responsibility” Only the owner should have the “Stop Work” authority

Construction Job Site Safety Source of Liability Exposure Tips For Engineers Have contractor name owner and designers as additional insured's on contractors’ insurance Train all employees about actions and statements that can expose the firm to this liability. Understand your responsibility for your employees’ safety on the job

Construction Job Site Safety Source of Liability Exposure Tips For Engineers If you see an unsafe condition, DO NOT SIMPLY LOOK THE OTHER WAY!! Adopt an appropriate policy for your firm Be sure all your employees know the policy and the reasons for the policy Be clear that violation of the policy is grounds for dismissal with cause