Are Construction Workers In New York Actually Safer?
2023 was considered a year of progress in construction safety in New York City, particularly for building projects. According to the Department of Buildings, there were only seven fatalities in 2023, down from 11 in 2022. This marked the first year of Carlos’ Law, a statewide measure that imposes stricter penalties for corporate liability in cases of worker deaths or serious injuries.
Carlos’ Law is named after Carlos Moncayo, a 22-year-old construction worker who tragically died at a New York City construction site in 2015. He died due to his employers ignoring repeated warnings of dangerous conditions. Many New York workers have faced the same fate, and the hope is that Carlos’ Law will hold employers duly accountable for their actions. The law increases the penalties for the death or serious physical injury of an employee to a fine of $500,000.
But has much progress been made since then? This depends on how the data is analyzed and who does the analysis.
A recent report by the New York Committee for Occupational Safety and Health (NYCOSH), a watchdog and advocacy group, found that construction-related fatalities in New York City actually increased, with 30 deaths in 2023, compared to 24 in 2022 and 20 in 2021. Statewide, construction fatalities surged by 48% in that period, rising from 50 in 2022 to 74 in 2023. The report also highlighted a high number of Hispanic workers involved in accidents and an increased number of incidents at open-shop employers, calling for more safety enforcement resources.
The Debate Over Safety Data
Samantha Fisher, lead author of the NYCOSH report, attributes the discrepancy in numbers to the Department of Buildings’ narrower scope. She explains that the department primarily focuses on public safety and does not track every worker fatality. NYCOSH, on the other hand, casts a wider net, accounting for fatalities in all types of construction work, not just building-related incidents. Also, there are differences in reporting timelines between the Department of Buildings and federal safety databases, so this contributes to the inconsistencies.
For the first time, New York State’s open-shop contractors have openly criticized NYCOSH’s findings. In a statement, the Associated Builders and Contractors (ABC) New York chapter called the report misleading. The group contends that NYCOSH inflates fatality figures by including incidents unrelated to building construction, such as window-washing accidents, to influence public perception.
ABC chapter president Brian Sampson pointed to the Department of Buildings’ data as proof that construction safety is improving. He claims that 2023 marked a nine-year low in building construction-related fatalities, which contradicts NYCOSH’s claim of 30 deaths. He believes that construction in New York City is getting safer.
Contact Us for More Information About Workers’ Compensation Benefits
Construction is a dangerous industry overall. While there may be some enhancements in safety, employers and workers still need to be on high alert at all times.
A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can help you with a workplace injury claim, whether you work in construction or some other field. Schedule a consultation today by filling out the online form or calling (914) 228-1770.
Source:
enr.com/articles/60454-are-new-york-construction-workers-safer-depends-on-how-your-count
