1. 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.

2. 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.

3. 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 ).

4. 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.

5. 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

6. 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

7. 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:

8. 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

9. 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

10. 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?

11. 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.

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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