Kia Franklin
Unnecessary Deaths Reflect “Safety is Too Expensive” Business Model
Across the United States, construction ranks as the most dangerous industry, representing about 20 percent of all work-related fatalities, abc.com says, citing federal statistics. Check out this abcnews story about the dangerous construction industry and its disproportionate impact on undocumented immigrant workers, who do not have access to workers’ comp and other remedies. The article illuminates the need to better regulate workplace safety in the midst of the prevailing Safety is Too Expensive business model (which we’ve also discussed here and here).
Construction has increasingly become a deadly business — especially in New York, where laborers routinely dangle from skyscrapers, all part of a building boom that has defied the national slowdown.Just this week, high-rise concrete forms collapsed at the site of Donald Trump’s hotel and condo complex in Lower Manhattan. One Ukrainian immigrant worker — the father of several children — was decapitated as he plunged 42 stories to his death. Three others were injured.
Two months ago, another immigrant worker was killed when he fell 15 stories, prompting formation of a task force to cut down on scaffolding accidents…
“The regulations are there,” said Philip Russotti, a New York lawyer who represents workers — many of them in scaffolding accidents.
“Safety costs money,” he said. “If you are motivated by profit, you are motivated to push people to move quickly and cut corners with safety. But you’re playing with people’s lives.”
Russotti’s firm obtained an $18 million award for a construction worker who fell from a ladder and suffered a brain injury. Another verdict awarded $11.1 million to a 53-year-old man who fell 10 feet on his head and suffered dementia and a permanent mood disorder. (Read full article)
In the NYT, it appears that the company involved in Monday’s fatal construction accident has a track record. It “has been fined tens of thousands of dollars in penalties, according to federal records.” But, I guess a fine is just fine if it keeps the bottom line.
Posted at 1:23 PM, Jan 16, 2008 in Permalink | Comments (4) | TrackBack (0)








Comments
You can put every possible safety procedure or device in place, and still there will be tragic construction accidents. Most of the serious accidents I've come across were the result of simple human error - workers forgetting to fasten ther safety harness, not shutting off safety switches, using short cuts. As long as workers are inattentive or careless, these accidents will occur.
A large jury award does not mean that an employer or contractor did anything wrong -I've seen many a jury let their sympathy override their common sense in awarding damages. It's not entirely predictable or consistant - I've seen a jury award insufficient damages to a claimant with the appeal of Jabba the Hut - but in teaching classes on liability at a community college, I've always taught that if an attractive plaintiff is 75% at fault for his/her own injuries, expect the jury to assess far less than that in comparative negligence. It's not right but it is the way it is and as long as civil litigation is simply for adjudication of monetary disputes instead of a search for the truth, that's how it always will be
Posted by: PAul W Dennis | January 16, 2008 07:32 PM
Paul, 3 things we know for sure:
1) Human beings like to be alive and not dead. We have a survivor's instinct which means we don't generally love putting ourselves in harms way, unless we're stupid and drunk.
2) Corporations like to make profits and not lose them. They have a profit motive which means they don't generally love to take extra measures to spend extra money, unless they are stupid and drunk.
3) Everybody makes mistakes-human beings, corporations through the human beings that run them, etc. Corporations CAN and DO make mistakes where they prioritize the profit motive explained in point 2 over the human life motive referenced in point 1. When the do this, they must also face consequences for cutting corners and endangering lives for a few extra bucks.
You say: "You can put every possible safety procedure or device in place, and still there will be tragic construction accidents." But first they actually have to implement such safety procedures and devices. Like the article says, "Safety costs money." And if safety gets in the way of profits, then these companies don't put every possible safety procedure in place, or even every reasonable safety procedure in place. If they don't do this, then you might as well just stop there and focus on that problem before proceeding.
You also say: "Most of the serious accidents I've come across were the result of simple human error... As long as workers are inattentive or careless, these accidents will occur." How many serious accidents have you personally come across? Instead of automatically assuming that workers are too careless to be concerned about their own lives, let's think about the tremendous pressure some workers feel not to "rock the boat" and to be happy having a job because it's between that and letting their families starve. And this is especially true for the immigrant workers who have fewer options. And don't say, well they should just not come to this country. Because once again, their presence is often a function of 1, 2, and 3 working together, and their presence benefits our country more than it harms it.
Posted by: Kia | January 17, 2008 07:22 PM
How many serious accidents have you personally come across?"
Unfortunately Kia , the answer is way too many and about 90% of them occurred despite all of the available safety precautions.
Posted by: Paul W Dennis | January 17, 2008 11:36 PM
No one can find evidence that a lawyer has ever enhanced safety. Tort litigation has no correlation with the epidemiology of accidents.
The principals always develop a technological fix to the safety threats to their lives, and their projects. The idea that people will only move to safety after being sued is self-serving, lying lawyer propaganda.
What the fear of litigation does is promote superficial safety measures, such as stupid warnings. In fact, the money stolen by sleazeball plaintiffs and cult criminals is money taken from safety development and enactment.
The lawyer further impairs safety by causing a cover up of evidence that would lead to enterprise destroying payouts. Instead of full and open investigation followed by remedies, one gets evasion and superficiality of incident reviews.
As to safety regulations, lawyers write these. So, its all paper shuffling. It's cult make work garbage. These make no contribution, except to cult criminal employment shuffling paper, and writing inscrutable gibberish.
Every preventable accident is the fault of the plaintiff bar, lawyer regulators, and biased judges promoting weak cases and frivolous claims to maintain lawyer rent seeking. These land pirates must be stopped if safety is to move forward more quickly. Safety will develop better once we loosen the strangle hold of the criminal cult enterprise over the three branches of government.
Posted by: Supremacy Claus | January 19, 2008 10:48 AM