| The following are some statistics from the U.S. | | | | rights depend upon the application of various complex |
| Department of Labor Bureau of Labor Statistics on | | | | laws and the individual circumstances of the accident. |
| safety and on-the-job injuries in the construction | | | | For example, in most construction projects, many |
| industry: | | | | different contractors are involved. If any contractor |
| * One of every five workplace fatalities is a | | | | other than the direct employer has responsibility for |
| construction worker. | | | | the injuries, full damages can be recovered. Likewise, |
| * There were 1,225 fatal occupational injuries in | | | | if a defective tool, machine, or other product causes |
| construction in 2001, excluding fatalities on September | | | | injury, an injured worker can be fully compensated. |
| 11. Also in 2001, there were 481,400 nonfatal injuries | | | | Construction workers have a right to a safe |
| and illnesses in construction. Incidence rates for | | | | workplace according to OSHA, the Federal governing |
| nonfatal injuries and illnesses were 7.9 per 100 | | | | body for occupational safety and health. If a |
| full-time equivalent workers in construction, and 5.7 | | | | workplace hazard exists and action is not taken |
| per 100 full-time equivalent workers in all private | | | | quickly, an employee should contact an OSHA area |
| industry in 2001. | | | | office or state office via a written complaint. |
| * Because only about 10% of construction companies | | | | If the OSHA or state office determines that there |
| employ more than 20 workers, the great majority | | | | are reasonable grounds for believing that a violation |
| have no formal job safety regulations or programs in | | | | or danger exists, the office will conduct an inspection. |
| place. | | | | A workers' representative has a right to accompany |
| * In 1992, the "lost-workday" rate for workers in the | | | | an OSHA compliance officer during the inspection. |
| construction industry was 5.7 per every 100 full-time | | | | The representative is chosen by a union |
| workers. This lost-workday rate was the highest of | | | | representative, if there is one, or by the employees. |
| any major economic sector. | | | | Under no circumstances may the employer choose |
| * Nationwide, about 15% of workers' compensation | | | | the workers' representative. The inspector may |
| costs are attributable to injuries in the construction | | | | conduct a comprehensive inspection of the entire |
| industry. | | | | workplace or a partial inspection limited to certain |
| Virtually all significant injuries suffered in construction | | | | areas or aspects of the operation. |
| accidents give rise to workers' compensation rights. | | | | At the end of the inspection, the OSHA inspector will |
| Those limited rights, however may be supplemented | | | | meet with the employer and the employee |
| by legal actions against others who have responsibility | | | | representatives to discuss the abatement of any |
| for various activities on the job site, including | | | | hazards that may have been found. These need to |
| construction managers, general contractors, | | | | be corrected or serious penalties and legal liabilities |
| subcontractors, equipment manufacturers, etc. These | | | | may arise. |