Construction work in New York City is very dangerous, and some of the biggest risks involve working in confined spaces. Trenches, crawl spaces, tanks, elevator shafts, and utility vaults can quickly become lethal, especially when employers and property owners fail to take the necessary precautions.
Between 2011 and 2018, more than 1,030 workers died in the United States from incidents in confined spaces, according to the Bureau of Labor Statistics (BLS). Many of these deaths involved asphyxiation, toxic exposure, or collapse, all of which are preventable with proper planning, compliance, and oversight.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we represent construction workers who were seriously injured by unsafe working conditions. We also represent the families of construction workers who lost their lives due to employer negligence.
What Is a Confined Space in Construction?
The Occupational Safety and Health Administration (OSHA) defines a confined space as any space that:
- Is large enough for a worker to enter and perform work,
- Has limited or restricted means of entry or exit, and
- Is not designed for continuous occupancy.
Common confined spaces on New York construction sites include:
- Manholes
- Crawlspaces
- Storage tanks and boilers
- Utility tunnels
- Elevator shafts
- Trenches and excavations
- Air ducts and silos
Working Spaces That Require Special Permits
Some confined spaces require a permit due to especially hazardous conditions. These permit-required spaces may contain:
- Dangerous atmospheric conditions (lack of oxygen, flammable gases)
- Engulfment hazards (e.g., sand or water)
- Mechanical or electrical dangers
- Structural instability
Why Are Confined Spaces So Dangerous?
Confined spaces are often inherently dangerous due to lack of ventilation, difficulty exiting during an emergency, and other factors.
Asphyxiation Risk
Low-oxygen environments, displaced air by other gases, or the presence of chemicals like carbon monoxide or methane can lead to rapid suffocation. Exposure to these spaces may cause permanent brain damage or death.
Toxic Exposure
Many spaces accumulate airborne toxins (e.g., hydrogen sulfide, solvent vapors) from work activities like welding, painting, or chemical storage. Without proper ventilation or gas monitoring, workers can become overwhelmed and lose consciousness.
Cave-Ins or Collapses
Trenches and excavated pits are at high risk for collapse, especially in unstable soil or poor weather. Workers can become trapped under tons of material with little chance of rescue.
Fires and Explosions
In poorly ventilated areas, a single spark can ignite flammable gases or materials, causing flash fires or explosions.
Entrapment or Mechanical Injury
Limited space increases the risk of being struck by equipment, caught in moving machinery, or pinned against structural elements.
NYC’s Legal Framework for Construction Site Safety
New York City has extensive regulations in place to protect workers from confined space accidents and broader construction hazards. Unfortunately, these rules are often violated by developers, contractors, or site managers in the rush to meet deadlines or cut costs.
DOB Site Safety Training Requirements
The DOB requires Site Safety Training (SST) for workers on major projects and job sites requiring a Site Safety Plan. This includes:
- 40 hours of SST training for workers
- 62 hours for supervisors
- Specific instruction on confined space hazards, emergency procedures, and protective equipment
Failure to provide required training is a violation of NYC construction codes and can strengthen a civil case for liability.
NYC Labor Law 200
Labor Law § 200 requires employers and owners to maintain a safe work environment and adequate safeguards. If a worker is injured due to a dangerous condition or lack of safety equipment, they may have the right to file a lawsuit.
NYC Labor Law 240—The Scaffold Law
Although most commonly used in fall-related cases, Labor Law § 240 can apply to elevation-related confined space injuries, such as when a worker falls into an improperly guarded shaft or is injured in a collapse while working at a height.
Under Labor Law 240, liability is strict. That means the employer or contractor can be held fully responsible if adequate safety measures weren’t in place.
OSHA Confined Space Requirements
Federal OSHA confined space rules (29 CFR 1926 Subpart AA) require employers to:
- Identify all confined spaces on a site
- Conduct atmospheric testing before entry
- Provide personal protective equipment (PPE)
- Ensure continuous monitoring for toxic gases and oxygen levels
- Establish rescue and emergency procedures
- Provide permit systems for high-risk areas
Noncompliance with these rules can lead to fines and citations. Unfortunately, BLS data and multiple NYC incidents show that many employers skip these life-saving steps.
How a Third-Party Lawsuit Can Help
If you have been injured in a confined space accident, you may be entitled to pursue workers’ compensation benefits, which provide partial wage replacement, medical treatment, and other benefits.
Workers’ compensation may be inadequate to cover the costs of your injury. But if someone other than your employer bears liability for your injuries, you may be able to seek additional compensation through a third-party personal injury claim.
Scenarios where a third party may be liable for your injuries include:
- A general contractor failed to follow safety protocols
- A subcontractor created the hazard
- A property owner did not comply with Labor Law 200 or 240
- A defective product or ventilation system contributed to the injury
Damages That Can Be Recovered
A civil lawsuit may allow you to recover full compensation for:
- Medical expenses (hospitalization, respiratory care, surgeries)
- Lost income and earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Wrongful death damages (funeral expenses, lost household support, loss of companionship)
Reasons to Choose Our Firm
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we don’t take shortcuts. We dig deep into DOB violations, subcontractor roles, and federal standards to prove when and where your rights were violated. In fact, we’ve recovered hundreds of millions for injured construction workers and their families, holding employers and site owners accountable under New York’s strict labor laws.
Speak With an Experienced Construction Injury Attorney in NYC
You don’t have to face this alone. If you have suffered severe injuries due to unsafe working conditions, Wingate, Russotti, Shapiro, Moses & Halperin, LLP is here to help you fight for the justice you deserve.
Call (212) 986-7353 to schedule your free consultation today.
Let our experienced NYC construction accident attorneys get to work, investigating the scene, building your case, and pursuing the compensation you deserve.