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Lives in the Balance: Immigrants and Workers at Elevated Heights at Greatest Risk in Construction PDF Version
 


New York State Trial Lawyers Association

Contents

Summary

I. Findings by Standard Industrial Classification

    A. Overall findings
    B. Special trade contractors
    C. Building general contractor
II. Non-Accident Inspections Geographic Analysis
    A. Overall finding
    B. Building general contractors
    C. Special trade contractors
III. Accident Inspections Analysis
    A. Overall Findings
    B. Findings by Standard Industrial Classification
    C. Geographic and immigration status analysis
IV. Construction Accidents and Immigrants in New York
    A. Tens of thousands of recent immigrants work in New York Construction
    B. Safety lapses in the “underground” construction industry
    C. Smaller contractors = greater danger
    D. Immigrant and day labor construction accidents – the human toll.
V. Conclusions and Recommendations

Appendix A OSHA standards that protect workers at elevated heights
Appendix B OSHA inspection results
Appendix C Inspection results, geographic and SIC breakouts
Appendix D Accident inspections by geographic area
Appendix E Numbers of accident inspections, violations, by SIC
Appendix F Accident inspections by SIC

Summary

A comprehensive review by the New York State Trial Lawyers Association (NYSTLA) of United States Occupational Safety and Health Administration (OSHA) construction site inspections in New York State has found that OSHA safety standards are routinely violated. Among the most frequently violated standards are those that protect construction workers who work at elevated heights. The findings of this review underscore the urgency for New York to retain Sec. 240 of the Labor Law, the “scaffold law,” which specifically protects such workers.

The review shows:
  • Most OSHA inspections found safety violations. Sixty-two percent of the 2,547 OSHA construction-site inspections conducted during 20031 in New York State resulted in one or more citations for violation of OSHA safety standards. The most frequent violators were special trades contractors such as masonry and roofing contractors, where more than 80% of inspections resulted in citations for safety violations, and residential building general contractors, where nearly threequarters of inspections found violations. In addition, more than one-half of masonry contractor inspections and nearly 40% of roofing contractor inspections found at least three violations. More than one-third of roofing contractor inspections found at least five violations.

    OSHA categorized virtually all these violations as “serious.”
  • Violations of the two main safety standards that protect workers at elevated heights – the fall protection standard and the scaffolding standard – were very widespread. Construction work is dangerous, especially for workers perched on a scaffold, ladder or roof. Nationally, the U.S. Bureau of Labor Statistics has found that one-third of construction fatalities are from falls from an elevation and one-fifth are from being struck by a falling object -- hazards which can be ameliorated with proper scaffolds, guardrails, toe boards, harnesses and other safety equipment.

    Over 30% of OSHA violations in New York’s construction industry were of either the scaffolding or fall protection standards, demonstrating that construction workers at elevated heights are being exposed to needless accidents and injuries. Indeed, violations of the scaffolding and fall protections standards were frequently found in construction industry sub-sectors where workers are most likely to work at elevated heights. For instance, 42% of inspections of roofingsiding- sheet metal contractors found violations of the fall protection standard and 64% of inspections of masonry-stone setting contractors found violations of the scaffolding standard. Moreover, OSHA frequently assigned these violations a gravity score of “10,” the highest rating on OSHA’s 1-10 gravity scale. For example, 52% of scaffolding standard violations and 63% of fall protection violations by apartment building general contractors were 10’s. In short, the most dangerous types of worksites were frequently plagued by widespread violations of the most serious kind: the type of violations that often have tragic consequences.

    There were also numerous violations of six additional safety standards that protect workers at elevated heights, including standards for ladders and for training in scaffolding and fall protection safety.
  • Inspections in New York City, especially in Brooklyn, the Bronx and Manhattan, were significantly more likely to find violations of safety standards than were inspections elsewhere. And when inspectors found violations in New York City, they usually found substantially more of them than inspectors found elsewhere. Over 80% of inspections in Brooklyn, Manhattan and the Bronx uncovered safety violations, compared to 62% in the state as a whole and 50% Upstate. Statewide, there was an average of 3.35 violations in inspections where violations were found; Upstate (north of Westchester and New Jersey), there were 2.84 violations per inspection where violations were found. But in the Bronx, Brooklyn and Manhattan there were 4.49 violations per inspection where violations were found.

    The especially high violation rates occurring in Brooklyn, the Bronx and Manhattan outside of Midtown and Downtown appear to be attributable in large part to widespread safety corner cutting by the smaller construction firms which are especially active in these areas. These firms employ large numbers of lowerpaid immigrant workers and day laborers. Since they may speak little English and fear employer reprisals, immigrant and day-hire workers are in no position to press for safer worksites and, thus, the large numbers of violations.
  • Inspections of general contractors of multi-family residential buildings that found violations found more violations than did inspections elsewhere in the construction industry. Inspections of “residential building contractors –more than single family” that found violations found 4.86 violations on average, compared to 3.13 violations on average for the entire construction industry. In Manhattan, inspections of “residential building general contractors-more than single family” found 7.41 violations on average, the most in the state, and in Brooklyn, they found 6.00 violations on average, the second most in the state.
  • Violation rates were especially high in the construction of “affordable” housing in New York City. Many of the contractors active in lower income communities in New York City employ predominantly immigrant and day labor. Widespread use of immigrants and day labor in construction and rehabilitation of government-subsidized housing affordable by moderate and middle income families appears to have been a significant factor in the disproportionately large numbers of construction safety violations in low and moderate-income communities, which is where most of this housing has been built in recent years.
  • Violations were significantly less likely to occur among the state’s larger general contactors and smaller ones. Less than 15% of inspections of large general contractors like Turner Construction and Bovis Lend Lease found violations, compared to 47% of inspections of building general contractors as a whole. One reason for the substantially lower violation rates among the largest general contractors is that they are more likely than small contractors to employ site safety professionals to monitor construction sites and to correct safety deficiencies. In addition, large general contractors and their subcontractors are less likely to employ immigrant and day labor and are more likely to be unionized.
NYSTLA also reviewed the 337 OSHA “accident inspections” conducted between 1994 and 2004 that were included in the agency’s web site listing of all agency inspections. According to OSHA officials interviewed for this study, in “accident inspections” a worker either was killed or at least three workers were hospitalized overnight. This review found:
  • The vast majority of accident inspections found violations. Violations of the scaffolding and fall protection standards, in particular, were widespread. Violations of OSHA standards really do lead to accidents; OSHA safety standard violations were found in 77% of the 337 accident inspections. In several construction trades the percentages were even higher. For instance, violations were found in more than 90% of masonry contractor and wrecking-demolition accident inspections and in more than 80% of roofing-siding-sheet metal and painting contractor accident inspections. In short, when workers were severely hurt or killed, inspectors usually found OSHA safety standards were not met.

    Nationally, falls from an elevation are the major cause of construction fatalities and injuries. In New York, this was reflected in widespread violations of OSHA scaffolding and fall protection standards in accident inspections. For instance, violations of the fall protection and scaffolding standards were found in nearly 60% of the 38 roofing-siding-sheet metal contractor accident inspections.

    Violations found during accident inspections tended to have high gravity scores. For instance, in roofing-siding-sheet metal contracting, 89% of the scaffolding violations and all of the fall protection violations had gravity scores of “10,” the most severe.
  • There were significantly more accidents in two special trades where workers spend much of their time on scaffolds and working at elevated heights – roofing-siding-sheet metal work and masonry work – than in any of other 15 special trades in the Standard Industrial Classification (SIC) system. Together, these two trades accounted for over one-fifth of all OSHA construction accident inspections in New York State and nearly one-fourth of the violations issued in accident inspections. Their large share of the most serious construction accidents documents the enormous dangers inherent in working at elevations. ("SIC" stands for Standard Industrial Classification, a system of assigning every employer a four-digit number corresponding to a list of industries.)
  • More than one-half of construction accident inspections (54%) in New York State since 1994 were in New York City. Manhattan accounted for 24%, Brooklyn for 13% and Queens for 10% of the 337 accident inspections – the largest share of any counties.
  • Immigrant workers have disproportionately been the victims of construction accidents. In 2001, OSHA compliance officers began to record whether or not a worker killed or injured in construction accident inspection primarily spoke a language at the work site other than English; language spoken by the affected worker(s) was determined for 99 accident inspections. Statewide, 48% of these accidents involved a worker who spoke a foreign language on the job and in New York City 67% of these accidents involved a worker who spoke a foreign language on the job.
  • In the vast majority of accidents involving foreign language speaker, OSHA issued citations for violations of safety standards. These findings buttress the conclusion that large numbers of immigrants are being employed at construction sites where safety is being compromised. Indeed, foreign-language speakers were the victims in 11 of the 13 accidents that occurred in Queens, the New York City borough with the largest share of immigrant residents.
According to a study released in 2003 by the New York City Construction Industry Partnership (CIP), Construction Safety: A Tale of Two Cities, in recent years there has been a steady expansion in New York’s “underground” construction industry. This expansion has produced scofflaws that routinely flout the OSHA safety standards documented in this study. And as the CIP notes, in the “underground” construction industry builders and contractors do not always obtain the necessary construction permits, often avoid inspection by local buildings departments, and “jeopardize[s] the safety of the public and their workforces because of poor construction practices.” The “underground” industry predominantly employs recent immigrants and day laborers.

Attorneys who represent immigrants and day laborers injured at construction sites anecdotally corroborate these findings. Their clients are primarily employed at small and medium-size construction, conversion, renovation and repair projects, mostly in New York City outside of Midtown and lower Manhattan, and in Westchester and Long Island. Worksites where these workers are employed often fail to comply with critical safety requirements such as tie-offs for workers on scaffolds and barricades around open stairwells. As one attorney noted, “Basic safety equipment like harnesses is almost always missing” and another attorney observed, “Scaffolding often is substandard and not properly secured.”

The evisceration of New York State Labor Law Sec. 240, proposed in legislation pending in Albany, would embolden this “underground” industry to cut even more safety corners and encourage the legitimate construction industry to pay less attention to worker safety. Clearly, the role of Labor Law 240 in pressing all contractors and builders to run safer worksites has never been more crucial.

In addition, the changes proposed in Labor Law Sec. 240 would have a devastating personal impact on many immigrant workers and day laborers injured in accidents caused by the failure to provide required height-related safety equipment at the job site. Since employers of many such workers often do not name them on a workers compensation policy, repealing or weakening Labor Law Sec. 240 would eliminate their only effective means to receive reimbursement for medical expenses and lost wages.

There is no evidence that enactment of the proposed Labor Law 240 legislation would have the sponsors’ intended effect of reducing or mitigating the recent increases in contractor liability insurance premiums that have been reported. What is clear, however, is that the best way to reduce premiums is to reduce the number of OSHA violations and make construction sites safer. This is the approach recommended in construction industry trade publications, such as Roofing Siding Insulation, which recently reported, “Probably the most critical issue in the roofing industry today is skyrocketing insurance rates. At the very core of the problem is the issue of safety.” 2

***

Part I of this study gives the results of NYSTLA’s analysis of construction site inspections by Standard Industrial Classification (SIC). Part II further analyzes SIC results by geographic region. Part III analyzes construction accident inspections by SIC and geographic region. Conclusions and recommendations are in Part IV.


I. Findings by Standard Industrial Classification

The percentage of OSHA inspections conducted during 20033 in New York that found violations was calculated for 25 of the 26 construction-industry Standard Industrial Classifications (SICs) in SIC Division C (construction).4 The number of violations found per inspection and the number of violations per inspection that found violations was also calculated. “Construction” includes new work, as well as additions, alterations, renovations and repairs. Division C encompasses Major Group 15 (“building general contractors,” with five SICs),5 Major Group 16 (“heavy construction other than building contractors,” with four SICs) and Major Group 17 (“special trades contractors,” with 17 SICs). Major Group 15 accounted for 37% of the reviewed inspections, Major Group 16 for 3% of the reviewed inspections, and Major Group 17 for 60% of the reviewed inspections. All planned, program-related, unprogram-related, referral, and complaint inspections6 were reviewed.

A. Overall findings

OSHA issues safety standards in every industry it monitors. These standards establish essential safety requirements for equipment and workers. Construction industry standards are found primarily in 29 CFR, Part 1926 (safety and health standards for construction). Subpart L covers scaffolds, Subpart M covers fall protection and Subpart X covers stairways and ladders.

At least one violation of an OSHA construction industry standard was found in 47% of “general building contractor inspections,” in 48% of “heavy construction other than buildings” inspections, and in 73% of “special trades contractor” inspections, for a total of 62% of the 2,547 non-accident inspections reviewed. OSHA classified virtually all these violations as “serious.” A “serious” violation is one that poses a substantial probability of death or serious physical harm to workers.

1. Violations of OSHA safety standards occurred most frequently in special trades where workers make extensive use of scaffolds and ladders and typically work at elevated heights. These trades specifically included concrete work, painting-paper hanging, masonry-stone setting, and roofing-siding-sheet metal. There was a 73% violation rate for all special trades and a 62% rate for the entire construction industry, but among the special trades in the following table, violation rates ranged from 76% to 86%. In addition, substantial percentages of the inspections in these special trades found multiple violations.

Fig 1. Percentage of inspections that found initial violation(s).

SIC
At least one violation
At least three violations
At least five violations
1771, concrete work
86%
46%
34%
1721, painting and paper hanging
86%
41%
25%
1751, carpentry
86%
40%
22%
1741, masonry-stone setting-other stone work
84%
53%
29%
1761, roofing-sidingsheet metal
76%
38%
20%

(See Appendix B for SIC breakouts of numbers of violations and percentages and Appendix C for breakouts of numbers of inspections with at least three and five violations for nine major SICs.)

2. Violations rates were also above average among residential building general contractors. In SIC 1521 (single family home general contractors), 72% of inspections found violations, and in SIC 1522 (more than single family residential general contractors), 70% of inspections found violations. In comparison, there was a 47% violation rate for all building general contractors and a 62% violations rate in all SICs.

3. OSHA’s scaffolding standard (“general requirements for all types of scaffolding”) 7 and fall protection standard (“fall protection scope/applications/ definition” 8) were the most frequently violated standards. 20% of all OSHA safety standard violations were of the scaffolding standard and 11% were of the fall protection standard. (See Appendix B for breakouts.). Scaffolding standard violations were found in 16% of all inspections reviewed and violations of the fall protection standard violations were found in 19% of all inspections reviewed.

These are the two major standards that protect construction workers at elevated heights from being injured or killed in a fall. They specify exactly when and how scaffolds are to be constructed and used and how workers must be protected from falls, such as through the use of guardrails, safety nets, and fall arrest systems. When a contractor fails to provide a tie-off harness to a worker on a suspended scaffold or neglects to erect a guardrail around an open stairwell, one of these standards is violated.

When contractors flout these safety rules, they ignore the most important standards protecting construction workers at elevated heights.

Violations of six additional OSHA standards that protect workers at elevated heights were less prevalent but also frequent. These standards include “fall protection systems criteria and practice,” “ladders,” “fall protection training requirements,” “ladder and stairway training program,” “ladder and stairway general requirements” “and “scaffolding training requirements.” (See Appendix A for definitions of all eight standards that protect workers at elevated heights.)

According to the U.S. Bureau of Labor Statistics, falls are the leading cause of construction deaths in the nation, accounting for 31% of construction work-related fatalities in 2002. In its construction “eTool,” 9 OSHA warns the industry of the dangers of falls and the necessity of taking appropriate safety measures: “Almost all sites have unprotected sides and edges, wall openings, or floor holes at some point during construction. If these sides and openings are not protected at your site, injuries from falls or falling objects may result, ranging from sprains and concussions to death.”

The number of occupational fatalities due to falls has been steadily rising, highlighting the urgent need to improve fall prevention efforts. From 1992 to 2002, the number of occupational fall fatalities in the U.S. increased by 20%, from 600 to 719, with falls from a ladder rising from 78 to 126, falls from a roof from 108 to 143, and falls from a scaffold rising from 66 to 88.10 As noted in Workers Compensation Monitor, “Falls are the leading cause of fatalities in the construction industry” and “the trend is on the increase.” 11

4. OSHA commonly gave scaffolding and fall protection violations the agency’s highest possible “gravity” score. OSHA assigns each violation a gravity score of 1 to 5 or a 10 (6-9 are skipped). A score of 10 is the highest, meaning the violation has high “severity” with a “greater” probability that an injury will result. (See table at right.) NYSTLA tabulated OSHA “gravity” scores for violations in three SICs: roofing-sidingsheet metal contractors, residential building contractors other than single family, and single-family residential building contractor. The results for three particular SICs, shown in the following table, underscore the enormous danger many workers who work at elevated heights and in residential construction face because of the widespread failure by contractors to comply with safety standards. These are not minor, technical violations that present little risk of injury; rather, these are the worst possible violations that expose workers to immediate danger of serious harm.

Severity Probability Gravity
High Greater 10
Medium Greater 5
Low Greater 4
High Less 3
Medium Less 2
Low Less 1

Fig. 2. Percentage of scaffolding and fall protection violations assigned a gravity score of 10. Planned, program-related and un-programmed inspections.

SIC % of scaffolding (CFR 1926.451) violations that received a gravity score of 10 % of fall protection (CFR 1926.501) violations that received a gravity score of 10
1761. Roofing-siding-sheet metal, 2003 33% 48%
1522. Residential building general contractor-other than single family, 2003 52% 63%
1521. Residential building general contractor - single family, 2001-2003 37% 43%

5. Violations occurred less frequently among larger building general contractors than among smaller ones. The principal reason why larger contractors have fewer violations is that they are more likely than smaller contractors to implement effective risk management programs and employ site safety coordinators who rigorously monitor worksites and ensure that violations are corrected.12 Thus, while NYSTLA found violations in 47% of inspections of building general contractors and in 32% of inspections of non-residential building general contractors, in inspections conducted between 2000 to 2004, violations were found in only eight (10%) of the 78 inspections of Turner Construction Company sites, five (12%) of the 40 inspections of Bovis Lend Lease’s sites, two (12%) of 16 Skanska13 inspections, and seven (25%) of 28 Tishman Construction14 inspections; Crain’s New York Business reports these are among the New York City area’s largest construction companies.15

The Upstate experience was similar. Among major general contractors, only four (11%) of 35 Welliver/McGuire sites had violations, U.W. Marx had only one violation in 22 inspections (4%), and inspectors found no violations at all in 22 inspections of Sano-Rubin job sites.16 Clearly, big general contractors follow safety rules better than small ones.

B. Special trades contractor (SIC Major Group 17) findings

In 2003, there were 1,529 planned, program-related, un-program, referral and complaint inspections in SIC Major Group 17, which encompasses construction “special trades.” 17 Violations of OSHA safety standards were found in 73% of these inspections. Nineteen percent of the inspections found violations of the fall protection standard and 16% found violations of the scaffolding standard.

Scaffolding and fall protection violations were especially frequent in the six special trades SICs listed below. Since workers in these special trades spend much of their time on scaffolds, around open stairwells, and on roofs, they are highly vulnerable to falling and being injured or killed. Yet at least 30% of the inspections in these SICs found violations of either the scaffolding or fall protection standards (See Appendixes B and C for percentages for all SICs.)
  • Masonry, stone setting and other stone work contractors (SIC 1741). 18 Violations of safety standards were found in 84% of the 263 masonry-stone setting contractor inspections. Three or more violations were found in 53% of inspections and five or more violations were found in 29% of inspections.

    Two-thirds of inspections found at least one violation of the scaffolding standard and 18% found at least one violation of the fall protection standard. Two or more scaffolding standard violations were found in 38% of violations. Masonry-stone setting inspections that found a violation were likely to find substantially more violations than were inspections in the 16 other special trades in Major Group 17.

    NYSTLA determined that those protections most vital to prevent a fall were most likely to be ignored. Among masonry-stone setting contractors, the most frequently violated subsection of the fall protection standard requires scaffold workers to be protected by a “personal fall arrest system” or “guardrail system.” 19 The most frequently violated subsection of the scaffolding standard requires that when scaffold platforms are more than two feet above or below a point of access,“portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type towers (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from another scaffold, structure, personnel hoist, or other similar surface” must be used.20 The second most frequently violated subsection requires that platforms on all working levels of a scaffold “ be fully planked or decked between the front uprights and the guardrail supports.” 21
  • Roofing-siding-sheet metal contractors (SIC 1761). Since workers who install roofs and siding are highly vulnerable to injuries from falls,22 it is crucial for their safety that OSHA standards, especially standards for work at elevated heights, be strictly observed. Yet 76% of the 173 inspections of roofing-siding-sheet metal contractors found violations of OSHA safety standards. Three or more safety standards violations were found in 38% of inspections and five or more violations were found in 20% of inspections. Some 41% of inspections found violations of the fall protection standard and 13% found violations of the scaffolding standard.

    In roofing-siding-sheet metal work, the most frequently violated sub-section of the fall protection standard, CFR 1926.501(b)(13) requires that in residential construction there must be a guardrail, safety net or “personal fall protection system.” The second-most frequently violated fall protection sub-section, CFR 1926.501b (1), requires similar protections for workers on low-slope roofs.

    The most frequently violated scaffolding standard subsection, CFR 1926.451(g)(1), requires workers on scaffolds to be protected by “personal fall arrest systems” or guardrails. The second most frequently violated scaffolding standard, 1926.451(b)(1), requires that platforms be as fully planked or decked as possible.

    Among additional scaffolding subsections that were frequently violated were: failure to ensure access to scaffold platforms, inadequate clearance between scaffolds and power lines, and failure to brace scaffold legs or ensure poles are plumb and braced to prevent swaying. Many roofing contractors violated multiple subsections of the scaffolding standard. Once more, those safeguards most needed to prevent a fall were least often provided.
  • Carpentry work (SIC 1751). At least one violation was found in 86% of the 121 inspections. Three or more violations were found in 40% of inspections and five or more violations were found in 22% of inspections. Forty percent of inspections found at least one violation of the general fall protection standard, and 17% of inspections found at least one violation of the scaffolding standard.
  • Concrete work (SIC 1771). At least one violation was found in 86% of 74 inspections found, three or more violations were found in 44% of inspections, and five or more violations were found in 32% of inspections. Twenty-eight percent of inspections found at least one violation of the general fall protection standard, and 31% found at least one violation of the general scaffolding standard.
  • Plastering and dry wall (SIC 1742). At least one violation was found in 84% of the 66 inspections conducted. More specifically, 17% of inspections found at least a violation of the general fall protection standard and 30% of inspections found at least one violation of the general scaffolding standard.
  • Painting and paper hanging (SIC 1721). Violations were found in 86% of 50 inspections. Twelve percent of inspections found at least one a violation of the general fall protection standard, and 32% of inspections found at least one violation of the general scaffolding standard.
C. Building general contractor (SIC Major Group 15) findings

Building general contractors23 employ laborers, carpenters, supervisors and other workers not employed by a special trade contractor. Violations were found in 47% of the 944 inspections in SIC Major Group 15.
  • General contractors-non-residential buildings other than industrial (1542). Projects in this SIC range from small retail stores to large commercial and institutional projects such as office towers and hospitals. There were more inspections in this SIC than any other SIC in the construction industry. Some 32% of the 519 inspections in this sub-sector found at least one violation of an OSHA safety standard, 12% of inspections found at least three violations and 6% found at least five violations.

    In addition, 6% of the inspections found at least one violation of the general scaffolding standard, and 11% found at least one violation of the general fall protection standard.
  • General contractors-residential buildings other than single-family (1522). Projects in SIC 1522 range from two-family townhouses to apartment towers with hundreds of units. Seventy percent (172) of 246 inspections found safety violations, with 19% of inspections finding at least three violations and 11% finding at least five. Eighty inspections (33%) found violations of the general fall protection standard and 43 (17%) found violations of the general scaffolding standard.
  • General contractors, single-family homes (1521). Seventy-two percent of the 85 inspections found at least one violation; 33% of inspections found at least one violation of general fall protection standard, and 20% found at least one violation of the general scaffolding standard. Sixteen percent of the 230 violations were of the fall protection standard and 18% were of the scaffolding standard.
  • General contractors, industrial buildings and warehouses (1541). Fifty-one percent of the inspections in this class found at least one violation, 18% found at least one violation of the general fall protection standard and 9% found at least one violation of the general scaffolding standard.
II. Geographic Analysis of Inspection Results

NYSTLA broke out the numbers of inspections and violations for Upstate, Westchester, Long Island, Bronx, Manhattan, Brooklyn, Queens and Staten Island. For each SIC class and for each geographic area the percentage of inspections that found at least one violation was calculated. In addition, the number of violations found in each inspection that found violations was determined. Appendix D provides full results.

In Brooklyn, Manhattan, the Bronx and Queens, an additional analysis of inspections and violations was conducted by zip code for four four SICs: 1522 (general contractors-residential buildings more than single family), 1741 (masonry contractors), 1751 (electrical contractors), 1761 (roofing-siding-sheet metal contractors) and 1542 (general contractors-non residential buildings other than industrial).

A. Overall findings

New York City construction inspections were substantially more likely to find safety standard violations than were inspections elsewhere in the state. To be sure, violations were widespread outside of New York City: 50% of Upstate inspections, 73% of Long Island inspections, and 72% of Westchester inspections found at least one violation. However, in New York City, 78% of inspections found violations.

The highest violation percentages were in Brooklyn, where 87% of inspections found violations; in Manhattan, where 82% of inspections found violations; and in the Bronx, where 80% of inspections found violations. In addition, when a New York City inspection found violations, it usually found more violations than inspections conducted elsewhere. In Brooklyn, for example, inspections that found violations had 4.72 violations on average. In contrast, Upstate inspections that found violations found 2.86 violations on average, on Long Island, 3.11, and in Westchester, 2.95.

In the Bronx, the vast majority of violations were concentrated in the lowest income zip code areas, chiefly in the southern one-third of the borough. Few inspections in this zone failed to reveal violations. In Manhattan, violations by residential general contractors disproportionately occurred in the lowest income zip codes, primarily Harlem and Northern Manhattan; violations in the special trades were found throughout the borough, although relatively infrequently in Midtown and lower Manhattan. In Queens, violations were distributed throughout the borough, but were especially prevalent in a number of zip code areas that have recently experienced particularly high rates of immigrant population growth and development such as Jackson Heights and Flushing. In Brooklyn, violations occurred primarily in neighborhoods that have experienced extensive residential new construction and conversions in recent years, especially the Williamsburg and the Park Slope areas.

As discussed in Part IV, the especially high violation rates that occurred in New York City as a whole can be tied in large part to the extensive use of immigrant workers and day labor and concomitant safety corner-cutting by the mostly small contractors who employ them.

B. Building general contractor (SIC Major Group 15) geographic analysis

Statewide, 47% of building general contractor inspections found violations. In New York City, 67% of general building contractor inspections found violations.
    Highlights of the findings for the five SICs in Major Group 15 were:

  • Inspections of “general contractors-residential buildings-more than single family” (SIC 1522) were substantially more likely to find violations in Brooklyn and Manhattan than elsewhere. Within these two counties and in the Bronx, violations were disproportionately likely to occur in the lowest income zip code areas.
  • Inspections of “general contractors-non-residential buildings” (SIC 1542) in the Bronx, Brooklyn and Manhattan were more likely to find violations than were inspections elsewhere.
1. General contractors-residential buildings other than single family (SIC 1522)

This SIC encompasses projects ranging from garden style apartments to skyscraper apartment buildings. Given the predominance of multi-family housing in New York City and the City’s recent residential construction boom, it was not unexpected that the vast majority of inspections of residential general contractors-other than single family in New York State were conducted in New York City. In 2003, New York City issued more than 21,000 housing construction permits, the most in any year since 1973.24

Residential general contractors-other than single family were more likely violate OSHA safety standards in New York City than they were elsewhere in the state. Some 87% of inspections in Brooklyn, 79% in Manhattan, and 75% in Queens found violations compared to 70% stateside and 56% Upstate25. In addition, each inspection in Brooklyn and Manhattan that found violations yielded significantly greater numbers of violations than did such inspections elsewhere. While inspections outside of Brooklyn and Manhattan yielded fewer than four violations on average, in Brooklyn each inspection yielded 6.00 violations, and in Manhattan, each inspection yielded 7.41 violations. These were highest numbers of any construction industry SIC.26

Fig 3. SIC 1522. General contractors, residential buildings other than single-family. Numbers of inspections and initial OSHA violations, 2003 and 2002.

  Number of all inspecttions Number of Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
57
32
56%
12627
2.21
3.9328
Long Island
5
4
80%
15
3.00
3.75
Westchester
38
26
68%
76
2.00
2.92
Bronx
37
23
62%
77
2.08
3.35
Brooklyn
31
27
87%
162
5.10
6.00
Manhattan
58
46
79%
341
5.87
7.41
Queens
16
12
75%
37
2.31
3.08
Staten Island
4
3
75%
11
2.75
3.66
ALL AREAS
246
173
70%
845
3.43
4.8829

Analysis of New York City violations by zip code area found that Bronx violations were heavily concentrated in the lowest-income sections of the borough, specifically, the areas lying south of Fordham Road, the Bronx Zoo, and Tremont Ave and west of White Plains Road. Seventeen (77%) of 22 Bronx zip code areas where inspections found violations were within this zone, specifically comprising the communities of Melrose, Morrisania, Tremont, and Mott Haven; in addition, 63 (86%) of the 73 violations found in the Bronx were in this area.

In Manhattan, 19 (41%) of the 46 inspections that found violations were in the borough’s lowest-income communities, specifically, the communities north of 96th Street on the East Side, and north of 125th Street on the West Side, predominantly Harlem, East Harlem, and Washington Heights. Despite the construction of several thousand residential units in lower Manhattan during 2002 and 2003, few violations were found there.

Brooklyn violations were concentrated in three major geographic areas. The largest concentration was in Williamsburg, an area experiencing significant new housing construction geared toward an expanding observant Jewish community. In addition, Williamsburg’s new status as a center for artists and young professionals has been reflected in an influx of younger residents and consequent housing expansion through new construction as well as conversion of manufacturing into residential space.30 The second major concentration in Brooklyn was Park Slope, where an upsurge in residential construction, especially in peripheral areas, is being spurred by recent zoning changes. Fort Greene was a third area of concentration. Violations also occurred in the lowerincome communities of Bedford-Stuyvesant and Bushwick, where substantial amounts of government-assisted “affordable housing” has been erected in recent years, and in Sheepshead Bay.

The U.S. Census Bureau reports that from 1990 to 2000, the population of Queens increased by 277,781, the largest numerical growth of any county in the State. This growth was overwhelming from foreign immigration. The New York City Department of City Planning reports that from 1995 to 1999 Queens averaged 1,360 new housing permits a year, but from 2000 to 2003, the average rose to 3,460, an increase of more than 150%. It was therefore not unexpected that one of the largest concentrations of violations was in Flushing, a community experiencing a surge in residential as well as commercial construction and renovation targeted to a fast expanding population of recent immigrants. Additional areas of violation concentration included Corona and Woodside, two more areas that have experienced large increases in immigrant populations in recent years.31 There also were numerous violations in Bayside.

2. General contractors, non-residential buildings other than industrial (SIC 1542)

SIC 1542, “general contractors, non-residential buildings other than industrial,” covers commercial (office and retail) buildings, religious buildings, and institutional buildings like schools and hospitals. More inspections were conducted in this SIC than in any other.

Fig 4. SIC 1542. General contactors, non-residential buildings other than industrial. Number of OSHA inspections and initial violations, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
343
92
27%
229
0.66
2.49
Long Island
55
17
31%
27
0.49
1.58
Bronx
18
12
67%
48
2.66
4.00
Brooklyn
11
7
64%
33
3.00
4.71
Westchester
32
13
41%
34
1.06
2.61
Manhattan
20
12
60%
34
1.70
2.83
Queens
29
8
28%
19
0.65
2.37
Staten Island
11
8
73%
17
1.54
2.12
ALL AREAS
519
169
32%
441
0.85
2.61

Violations were significantly more likely to be found during inspections in the Bronx, Brooklyn and Manhattan than Upstate, Long Island and Queens. In addition, inspections that found violations found substantially more violations in the Bronx and Brooklyn than did inspections elsewhere – 4.71 violations per inspection in Brooklyn and 4.00 violations per inspection in the Bronx, compared to 2.61 violations per inspection for the entire state. In the Bronx, most of the violations occurred in the third of the borough with the lowest household incomes.

3. General contractors–single-family homes (SIC 1521)

To review enough inspections to draw valid conclusions about this SIC, inspections for three years were reviewed as opposed to two years for multi-family residential general contactors and one year for all other SIC classes. Still, inspections were scant everywhere but Upstate and Long Island. In the latter two areas, well over one-half of the inspections found OSHA violations. The vast majority of contractors who violated OSHA standards violated subsections of the scaffolding or fall protection standards.

Fig 5. SIC 1521. General contractors-single family homes. 2001, 2002 and 2003. Number of OSHA inspections and initial violations.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
60
38
63%
106
1.76
2.79
Long Island
2
2
100%
7
3.50
3.50
Westchester
13
11
73%
71
5.46
6.45
Bronx
2
2
100%
8
4.00
4.00
Brooklyn
1
1
100%
6
6.00
6.00
Manhattan
2
2
100%
11
5.50
5.50
Queens
4
4
100%
15
3.75
3.75
Staten Island
1
1
100%
6
6.00
6.00
ALL AREAS
85
61
72%
230
2.70
3.78

C. Special trades contractor (SIC Major Group 17) geographic analysis

Inspectors were substantially more likely to find violations in Brooklyn (93% violations rate), Manhattan (89% violations rate) and the Bronx (88% violations rate) than elsewhere (73% violations rate stateside, 61% rate Upstate). In nearly all of the special trades contractor SICs, inspections that found violations found substantially greater numbers of them in New York City, particularly in the Bronx (3.83 violations per inspection), Manhattan (4.16 violations per inspection) and Brooklyn (4.08 violations per inspection), than they did statewide (3.17 violations per inspection) and Upstate (2.83 violations per inspection).

The following inspection data is for SICs that had at least 100 inspections in 2003. They are presented in descending order of numbers of inspections. Results for all SICs are in Appendix D.

1. Masonry, stone setting, and other stone work contractors (SIC 1741)

SIC 1741 work ranges from bricklaying and chimney construction and maintenance to foundation building and tuck-pointing.

Fig. 6. SIC 1741, masonry, stone setting and other stonework. Number of inspections and initial OSHA violations found, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
91
62
68%
228
2.50
3.68
Long Island
48
47
98%
191
3.98
4.06
Westchester
21
19
90%
63
3.00
3.50
Bronx
27
24
89%
81
3.00
4.50
Brooklyn
20
20
100%
114
5.70
5.70
Manhattan
31
28
90%
143
4.61
5.10
Queens
21
19
90%
63
3.00
3.31
Staten Island
4
4
100%
14
3.50
3.50
ALL AREAS
263
223
85%
897
3.41
4.02


While violation rates for masonry-stone setting-other stonework contactors were high throughout the state, they were especially high in Brooklyn, Long Island, Westchester, and the Bronx. In addition, when inspectors found violations, they found many more in Brooklyn (5.70 violations per inspection), Manhattan (5.10 violations per inspection) and the Bronx (4.50 violations per inspection) than elsewhere (e.g. 3.31 violations per inspection in Queens, 3.73 violations per inspection Upstate).

In the Bronx, violations were concentrated in the lowest income communities; 14 (58%) of the 24 inspections of masonry-stone setting and other stonework with violations were located south of Fordham Road, the Bronx Zoo, and Tremont Ave and west of White Plains Road, the borough’s lowest-income communities. In Manhattan, 12 (43%) of the 28 inspections with violations were in Harlem or Washington Heights. In Brooklyn, the greatest concentrations of inspections with violations were in the Park Slope vicinity (11215 and 11217), with a smaller concentration in Fort Greene 11205 and the rest scattered across the borough. In Queens, the largest concentration of violations was in Bayside and there were violations in Flushing, Corona, Ridgewood, and College Point.

2. Plumbing, heating, air conditioning contractors (SIC 1711)


SIC 1711 includes plumbing and heating equipment installation, steam-fitting, sprinkler system installation, boiler erection and installation, air conditioning equipment installation, sewer and gas hookups, and ventilation work.

Fig. 7. SIC 1711, plumbing, heating, air conditioning. Numbers of OSHA inspections violations found, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
137
79
57%
185
1.35
2.34
Manhattan
11
9
82%
25
2.27
2.77
Westchester
12
6
50%
18
1.50
3.00
Bronx
22
20
91%
83
3.77
4.15
Long Island
5
4
75%
9
1.80
2.25
Brooklyn
6
5
83%
18
3.00
3.60
Queens
3
3
75%
8
3.33
2.66
Staten Island
9
5
62%
22
2.44
4.40
ALL AREAS
205
131
64%
368
1.79
2.81

In the Bronx, there was a considerably greater chance that an inspection would yield a violation than would an inspection Upstate. In addition, substantially greater numbers of violations were found during the typical Bronx inspection compared to Upstate – the 18 Bronx inspections where violations were found yielded 77 violations, compared to 64 Upstate inspections that yielded 124 violations. There were relatively few inspections in this SIC outside of the Bronx and Upstate.

3. Roofing, siding and sheet metal contractors (SIC 1761)

In addition to installation of roofing, siding, and sheet metal work, SIC 1761 includes roofing repair, roof spraying or coating, gutter and downspout installation, skylight installation, and tinsmithing and coppersmithing.

Fig 8. SIC 1761, roofing, siding and sheet metal work. Numbers of OSHA inspections and initial violations, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
99
74
75%
242
2.44
3.27
Long Island
21
17
81%
29
1.38
1.70
Westchester
16
12
75%
42
2.62
3.50
Bronx
8
6
75%
25
3.57
4.16
Brooklyn
2
2
100%
8
4.00
4.00
Manhattan
2
2
100%
10
5.00
5.00
Queens
22
18
82%
22
1.00
1.22
Staten Island
3
2
67%
6
2.00
3.00
ALL AREAS
173
131
76%
384
2.22
2.93

Fig. 8 shows that wherever OSHA inspected roofing-siding-sheet metal contractors, violations were likely to be found.

4. Electrical contractors (SIC 1731)

In addition to general electrical work at construction sites, SIC 1731 covers installation of communications equipment, telephone and telephone equipment, fire and burglar alarms and electrical repair at construction sites.

Fig 9. SIC 1731, electrical contractors. Number of OSHA inspections and initial violations found, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
97
49
50%
104
1.07
2.12
Long Island
5
4
80%
9
1.80
2.25
Westchester
18
13
72%
17
0.94
1.30
Bronx
18
17
94%
69
3.83
4.06
Brooklyn
6
6
100%
13
2.16
2.16
Manhattan
13
10
77%
23
1.77
2.30
Queens
4
0
0%
NA
NA
NA
Staten Island
3
0
0%
NA
NA
NA
ALL AREAS
164
99
60%
235
1.43
2.37

Inspections in the Bronx and Brooklyn were most likely to find violations; Bronx inspections that found violations found the most, 4.06 violations per inspection, substantially above the statewide average of 2.37.

5. Structural steel erection (SIC 1791)

These establishments are primarily engaged in the erection of structural steel, placement of concrete reinforcement and structural ironwork, installation of curtain wall and pre-cast concrete, and erection of metal storage tanks.

Fig. 10. SIC 1791, structural steel erection. Numbers of OSHA inspections and violations found, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
71
39
55%
92
1.29
2.46
Long Island
7
5
71%
8
1.14
1.60
Westchester
10
9
90%
19
1.90
2.11
Bronx
9
4
44%
25
2.78
6.25
Brooklyn
11
8
73%
45
4.09
5.62
Manhattan
12
11
83%
54
4.50
4.90
Queens
7
4
57%
12
1.71
3.00
Staten Island
3
1
33%
1
0.33
1.00
ALL AREAS
140
81
58%
256
1.82
3.16

Violations occurred frequently in every region, but they were most likely to be found during inspections in Westchester, Manhattan and Brooklyn. Inspections that found violations found substantially more violations in the Bronx, Brooklyn and Manhattan than elsewhere in the state -- 6.25 violations per inspection that found violations in the Bronx, 5.62 in Brooklyn, and 4.90 in Manhattan was far above the number of violations per inspection that found violations elsewhere.

6. Carpentry contractors (SIC 1751)

SIC 1751 coves the full gamut of carpentry work done at the worksite, including cabinet work, framing, store fixture installation, and pre-fabricated window and door installation.

Fig. 11. SIC 1751, carpentry Numbers of OSHA inspections and initial violations, 2003.

  All inspecttions Inspections with violations % of inspections that found violations Number of violations cited Violations per inspection Violations per inspection that found violations
Upstate
54
42
78%
115
2.13
2.73
Long Island
19
18
95%
54
2.84
3.00
Westchester
10
9
90%
20
2.00
2.22
Bronx
17
16
94%
79
4.65
4.93
Brooklyn
2
2
100%
6
3.00
3.00
Manhattan
6
6
100%
27
4.50
4.50
Queens
10
8
80%
23
2.30
2.87
Staten Island
3
3
100%
11
3.66
3.66
ALL AREAS
121
104
86%
335
2.77
3.23

Inspections in all areas of the state were likely to find violations. Bronx inspections with violations had substantially more violations than did such inspections statewide.

III. Accident Inspection Analysis

According to OSHA officials,32 all of the “accident inspections” listed on OSHA’s Internet site33 resulted in a fatality and/or at least three workers hospitalized overnight. NYSTLA reviewed the 337 such Internet-listed construction accident inspections in New York that occurred from 1994 to August 2004.34 NYSTLA broke out these accident inspections by upstate, Westchester, Long Island, Bronx, Manhattan, Brooklyn, Queens and Staten Island, by SIC, and by the numbers of violations found per accident, including, specifically, the numbers of violations of OSHA scaffolding and fall protection standards. (Appendix E gives accident inspection results by geographic area, Appendix F gives results by SIC.) Since October 2001, OSHA compliance officers investigating accidents have reported whether or not the victim primarily spoke a language other than English at the job site.

A. Overall findings

OSHA investigators found safety standard violations in 77% of accident inspections, compared to 62% of non-accident inspections. There were a total of 1,248 violations and 3.7 violations per accident inspection, well in excess of the 2.1 violations found in each non-accident construction inspection. Each accident inspection that found violations found an average of 4.8 violations, compared to 3.3 violations in non-accident inspections that found violations. It is possible that the number of construction accident inspections involving recent immigrants and day laborers is understated in OSHA records, although OSHA officials assert that any underreporting is minimal.35

B. Findings by Standard Industrial Classification

1. Three SICs where workers commonly work at elevated heights had among the highest violations rates. Accidents occurred most frequently in SICs with high violation rates.

Among the nine SICs with at least 15 accident inspections from 1994 to 2002, safety standard violations occurred most frequently in the following:
  • wrecking-demolition (SIC 1795), violations were found in 90.9% of inspections;
  • masonry-stone setting (SIC 1741), violations were found in 90.0% accident inspections;
  • non-residential building general contractors (SIC 1542), violations were found in 81.8% of accident inspections;
  • roofing-siding-sheet metal (SIC 1761), violations were found in 81.6% of inspections.
In wrecking-demolition, masonry-stone setting, and roofing-siding-sheet metal, workers spend much or most of their workday at elevated heights such as on scaffolds and sloped roofs.

Not surprisingly, these same four SICs where violations were most common also had the greatest numbers of accidents where a worker was killed or at least three workers were hospitalized overnight:
  • wrecking-demolition companies (SIC 1795) had 22 accidents, 6.6% of all accident inspections, and there were 116 violations, or 9.3% of accident inspection violations;
  • masonry-stone setting work contractors (SIC 1741) had 30 accidents, 8.9% of accident inspections, and there were 171 violations, or 13.8% of accident inspection violations;
  • non-residential building general contractors (SIC 1542) had 33 accidents, 9.8% of accident inspections, and there were 111 violations, or 8.9% of accident inspection violations;
  • roofing-siding-sheet metal work contractors (SIC1761) had 38 accidents, 11.3% of all accident inspections and there were 150 violations, or 12.0% of accident inspection violations.
Together, these four SICs accounted for 36.6% of accident inspections and 43.9% of accident inspection violations from 1994-2004.

2. Scaffolding and fall protection standard violations were especially frequent in accidents involving roofing-siding-sheet metal contractors and masonry-stone setting contractors.

OSHA’s scaffolding standard was violated in 15% of construction accident inspections from 1994 to 2004 and the fall protection standard was violated in 29% of accident inspections violations. These substantial percentages illustrate the seriousness of height-related hazards construction workers face. Accidents among roofing-sidingsheet metal contractors and masonry-stone setting contractors were especially likely to involve violations of the fall protection and scaffolding standards:
  • There were violations of the basic fall protection standard in 47% of roofingsiding- sheet metal accidents and violations of the main scaffolding standard in 21% of roofing-siding-sheet metal accidents. Fifty-eight percent of accident inspections in roofing-siding-sheet metal that found violations found violations of the main fall protection standard, and 26% found violations of the main scaffolding standard.
  • There were violations of the fall protection standard in 17% of masonry-stone setting accidents and violations of the main scaffolding standard in 57% of masonry-stone setting accidents. Eighteen percent of accident inspections in masonry-stone setting that found violations found violations of the fall protection standard, and 62% found violations of the main scaffolding standard.
The violations found during accident inspections overwhelmingly ranked a gravity score of “10,” the most severe. For example, 41 (85%) of the 48 violations of the main scaffolding standard in masonry-stone setting (SIC 1741) accident inspections conducted since 1994 were given a “10.” Additional SICs are shown in Fig. 12.

Fig. 12. Percentage of accident inspection violations with a gravity score of 10

SIC Scaffolding standard, CFR 1926.451 Fall protection standard, CFR 1926.501
Masonry-stone setting, 1741 85% 67%
Roofing-siding-sheet metal, 1761 89% 100%
Residential building construction general contractors, more than single unit, 1522 100% 100%
Residential building construction general contractors, single unit, 1521 NA 75%

Workers in wrecking-demolition, masonry-stone setting, and roofing-siding-sheet metal are likely to spend much or most of their working time on scaffolds or at elevated heights. It is clear that for them, violations of OSHA safety standards elevate the level of risk in what is already high-risk work and lead to fatalities and serious injuries.

C. Geographic and immigration status analysis of accident inspections

1. From 1994 to 2004, most construction accident inspections were in New York City.

Of the 337 OSHA accidents from 1994 to 2004 in which a worker was killed or at least three workers were hospitalized overnight:
  • 54% occurred in New York City, 32% Upstate, 10% on Long Island and 5% in Westchester. (See Appendix E)
  • More than o