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Newsletter Issue No. 15
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Power Tools and Construction Accidents
Construction sites should always pay attention to that condition of power drills they distribute to employees.
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If you watch a movie that recreates the a sawmill from the 19th century, you will probably see the "two man saw" that was popular at the time. Actually, it was popular out of necessity. The strength of one person was not enough to cut wood quick or efficiently. This is why two men were required to operate the saw. Of course, even two men will have their limitations and that is why power saws are so very helpful. Through the use of electric motors, the saw's ability to expedite the work on a construction site is made much easier. Sadly, under certain circumstances if can also become quite dangerous. If an electric power tool malfunctions it can lead to incredibly serious injuries.
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This is why it is important for the employers at a construction site make sure that there are no defects in any power tools provided to the employees. That means the tools must be properly inspected prior to distribution. Also, the tools must be properly stored so that no harmful degradation occurs. This will greatly reduce any errant injuries. It is also important to make sure the employees are properly trained in the safe operation of the tools. If the employee is operating the tools in an unsafe manner then management has a responsibility to step in and correct the situation.
It is important to note that none of these points are minor. When a construction site realizes that there is a safety hazard and is not take effective measures to you eliminate the hazard, then the management of the construction site might be held liable. This means if you are injured in a construction site accident that could have been prevented as you may be able to file a lawsuit against your employer. Depending upon the circumstances and the extent of the injury, the awards in such a lawsuit could be of a significant monetary figure.
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OSHA and Lead Standards
Excess lead on a construction site is a violation of the law and the management of the site needs to keep lead levels low.
There are a number of safety issues someone working on a construction site has to contend with. Sometimes, these safety problems are fairly obvious. For example, if there is scaffolding set up that is teetering most people would know to avoid stepping on the scaffolding so as to avoid any potential injuries. However, there are certain stealth hazards that are present. For example, if a construction site is filled with hazardous lead it can lead to a number of serious adverse health problems. This is why it is critical that the management of a construction site take the necessary steps to make sure all dangerous lead exposures are limited.
Keep in mind, there are a number of safety standards that have been imposed upon construction sites by the OSHA. That is, laws and regulations mandate that any worksite be free of any exposure to dangerous lead. This is an important point because if there were no compelling law or regulations that would force employers to provide safe working environments, many of them wouldn't. This may not be due to a disregard for safety. There are costs involved with the removal of lead and if a company is running at a loss it might very well take extreme risks by not removing the lead. This is a completely unacceptable attitude and it poses a number of severe risks. That is why there are laws and regulations in place and that is why they must be followed to the letter. If not, then many liabilities may be the end result.
If a worksite does commit gross acts of disregarding the regulations and rules put forth by the OSHA then it would surely be liable for any negative effects on its employees. Lead exposure and poisoning is a serious matter and there are legal consequences for violating lead safety related laws.
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Who Is Negligent in a Construction Site Accident?
Construction site accidents often displaying negligence from a variety of sources.
There are a number of reasons why it is important to discuss construction site accident injuries with a qualified attorney. One of the reasons for this is that someone who has no background in the law is never going to be able to make an accurate assessment as to where negligence and fault lies. For example, if you were to ask the average employee who can be sued in the aftermath of a construction site injury the common response will be the employer. In some cases, this would be correct. However, it may not exclusively be correct. The correct answer would be you can sue anyone who contributed to the negligence or the injury.
For example, let's say that you were injured when a drill malfunctioned. Later on, it is discovered that the manufacturer of the drill knew about the flaws in the drill but sold it anyway. Clearly, this was gross negligence on the part of the drill manufacturer. Therefore, it would not be out of the question for the employee who was injured to file a lawsuit against the drill manufacturer.
Of course, the drill manufacturer had nothing to do with the operation of the construction site. In fact, the construction site may be completely without any negligence behavior. If the construction site knew that it was distributing a faulty drill then perhaps negligence suits can be brought against it. But, if the construction site was without this knowledge then the employer was free of negligence. However, a lawsuit can still be brought forth with the plaintiff being the drill manufacturer.
Again, these are things that employees do not think about because they're not versed in construction site accident law. There are a number of complexities associated with this type of litigation that someone who has no background in the law could possibly imagine. That is why his best to consult options with a qualified attorney in the post in making your own decisions regarding the merits of a legal case.
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