Increase in Construction Accident Deaths Prompts Unions to Step Up
The recent New York City Occupational Safety and Health (NYCOSH) report “The Price of Life: 2015 Report on Construction Fatalities in NYC” brought to light some alarming statistics on workplace safety for the city’s many construction workers. It also specifically highlighted the role that unions play in making construction workplaces safer.
The report tracked OSHA violation reports for both union and non-union sites. It found that of the 31 construction sites listed on OSHA’s Severe Violator Enforcement Program (SVEP) list, 28 of them were not unionized. Twenty-three of the 28 non-union sites made the list with two or more “willful or repeated” violations of safety regulations in a single inspection. One non-union site, the report noted, racked up “an extraordinary 41 violations.”
New Report Sheds Sobering Light on Construction Accident Deaths in New York
A new report, “The Price of Life: 2015 Report on Construction Fatalities in NYC,” was released last week. Intended as an update to the New York Occupational Safety and Health (NYCOSH) 2014 report “It’s No Accident,” the report provides a sobering view of the state of construction accidents and construction workplace safety in New York City.
Here are just a few of the highlights from the recent report:
Amtrak Derailment in Philadelphia Raises Concerns over Compensation Cap
Over 200 passengers were injured and eight were killed when an Amtrak train headed for New York from Washington D.C. on May 12, 2015 derailed in Philadelphia, overturning six of the seven cars. Eight passengers were killed and six were taken to nearby hospitals in critical condition.
The majority of those injured were fortunate enough to escape from the twisted wreckage with only minor physical injuries; however, survivors and family members alike may be faced with untold psychological and emotional repercussions for years to come.
As Amtrak seeks answers regarding the derailment, survivors of the tragic rail accident are taking legal action to resolve questions of their own, such as, “How can I afford such overwhelming medical expenses and other economic losses as a result of the crash?”
Kenneth Halperin’s Work for the City Bar’s Cancer Advocacy Project
When not handling personal injury cases as a partner of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, attorney Kenneth Halperin volunteers with the City Bar Justice Center’s Cancer Advocacy Project (CAP) – a non-profit 501(c)(3) that provides pro bono legal services to individuals who might not otherwise receive the legal guidance they need due to financial straits.
The City Bar is an affiliate of the New York City Bar Association that provides numerous avenues for attorneys and legal experts to give back to the community, creating a valuable resource for information and assistance for those who may have difficulty affording quality legal representation. The Cancer Advocacy Project, in particular, helps cancer patients, survivors, their families, and caregivers in the following areas:
$1 Billion Loan Approved for LIRR, Metro-North Safety Updates
Metro-North and LIRR will share a federal loan of nearly $1 billion dollars for safety updates aimed at cutting down on train accidents and making the two lines models of high-tech railroad safety nationwide, according to a recent article in the Hartford Courant.
Regulators with the Federal Railroad Administration say that the “positive train control” system uses GPS technology to help trains avoid collisions. Although Congress gave the FRA seven years, with a deadline of 2015, to install the equipment in all passenger and freight lines currently operating in the United States, the agency has not had the funding or resources to meet the deadline.
Widow Sues Metro-North for Fatal Train Collision
On February 3, 2015, a tragic train-SUV collision in Valhalla, New York took the lives of six people. Now the widow of one of the victims is planning to sue Metro-North, the town of Mount Pleasant, and Westchester County for $25 million.
According to the claim filed on behalf of the widow, her husband suffered severe burns, lacerations, and other physical trauma in the fiery crash. The notice of intent, filed on April 29, alleges that he experienced pain and suffering prior to his death.
The claim also alleges that Metro-North neglected to:
- Provide adequate lighting and safe crossing gates
Would Gates Help Protect New York Riders from Subway Accidents?
Approximately one death per week occurs in the New York subway system, according to MTA statistics. In 2013 alone, 151 people were struck by trains, resulting in 53 deaths. The financial costs of these accidents are staggering, and the emotional and personal costs can be immeasurable.
In late 2013, the MTA launched a pilot program to examine various “track intrusion” detection systems that would alert MTA staff if a person or object was on the tracks. Some of these systems rely on highly sophisticated technology, and supporters argue that their value in protecting lives is worth the cost of installing them in every subway terminal. Opponents, however, note that many of these technological systems have one major flaw: they don’t warn trains in time for operators to hit the brakes.
Top Traits to Look for in a New York Construction Union Attorney
Unions are built on the collective interests of their workers. For construction workers in New York, these interests often include receiving a fair and legal wage, having access to appropriate safety equipment, and ensuring that the terms of the union’s agreement with their employer are enforced.
While collective bargaining, grievances, and even picketing can go a long way toward enforcing a labor union’s right to fair and legal terms, some disputes need the experienced eye of an attorney who understands the complex nature of union agreements and construction labor laws. Here are some traits to look for in a construction labor union lawyer:
OSHA Ruling will Make Healthcare Worker Injuries Public
When a person hears that a worker was injured on the job while lifting and moving heavy items throughout the course of a 12 hour shift or from exposure to harmful chemicals and gases, the likely assumption is that the injured worker must be in the construction industry. However, while construction is one of the most dangerous industries in the country, those in the medical profession face equally harmful, if not more so, work conditions – the main difference is that the public is less likely to hear about a nurse’s occupational injuries.
One of the main reasons the high injury rate among medical care workers goes underreported is the Occupational Safety and Health Administration’s (OSHA) failure to conduct regular inspections to ensure that hospitals and healthcare facilities are safe for workers. Additionally, employers in the medical industry are required to keep records of workplace illnesses and injuries, but the information is not made public.
Four Injured in Midtown Manhattan Construction Accident
Four construction workers were injured in a recent accident in a Madison Avenue work site recently, according to a report by AM New York.
The workers were taking down the chandelier that hung above the first-floor entrance as part of a demolition project at the construction site. They were using a marble banister on the mezzanine level as leverage when the banister gave way, causing the workers to fall about 15 feet. The chandelier fell on top of the four workers, according to the city’s Department of Buildings.