Accidents Involving Concrete-Embedded Fall Arresting Systems

New Protocols for Existing & New Concrete-Embedded Fall Arresting Systems

Falls from heights are a common source of New York City construction site injuries, especially when workers must perform their tasks high above the ground.

Concrete-embedded fall arresting systems are one way that employers can try to minimize the potential for a catastrophic workplace fall. However, if such systems are absent or poorly maintained, a contractor could be liable for a construction worker’s fall injuries.

If you or someone you love was harmed in a construction fall accident and someone other than your employer was to blame, you could be entitled to receive damages if the third party falls outside of the workers’ compensation system. The New York City construction accident attorneys at David Resnick & Associates, PC, are skilled at evaluating construction accident claims and can help you determine whether the negligence of a third party caused or contributed to your injuries. Call our firm today at 212-279-2000 or use our online contact form for a free evaluation of your case.

We serve construction accident victims in the Bronx, and all of New York City, including Manhattan, Queens, Staten Island, Brooklyn, and Long Island.

The New York City Department of Buildings has issued new protocols for how concrete-embedded fall arresting systems must be installed and maintained. The following is the text of the protocols as posted on the department’s website at http://www.nyc.gov/html/dob/html/home/home.shtml

New Protocols for Existing and New Concrete-Embedded Fall Arresting Systems

To ensure contractors protect their workers with reliable safety-harness systems to prevent falls, the Buildings Department is now mandating additional safety protocols for concrete-embedded Fall Arresting Systems. These new protocols are required for all new and existing concrete embedded Fall Arresting Systems. These new mandates are in addition to all existing requirements from the manufacturer, the NYC Building Code, and all other applicable laws and regulations. The new requirements below are effective immediately.

New Concrete-Embedded Systems

Effective immediately, contractors must now obtain shop drawings, approved by a licensed engineer, for all concrete-embedded Fall Arresting Systems prior to installation. These shop drawings must be available at the site at all times and must include:

  • Manufacturer type and name;
  • Instructions on proper installation and use;
  • Adequacy of the concrete structure to sustain static and equivalent dynamic loads;
  • List of occupational classifications allowed to use this system; and
  • Instructions on testing and inspection procedures.

In addition, the site’s construction superintendent is now responsible for the proper installation of each piece of the concrete-embedded Fall Arresting System. The construction superintendent, or a competent person working directly under his or her supervision, must inspect the Fall Arresting System prior to and during its installation. (The competent person working under the construction superintendent must have three years of experience in concrete placement inspections and must be trained by the manufacturer or its authorized representative.) Subsequent to these inspections, the construction superintendent must prepare and sign a statement of the inspection’s success and keep this statement at the construction site at all times.

Existing Concrete-Embedded Systems

Effective immediately and prior to any further use of Fall Arresting Systems currently embedded in concrete, contractors must now obtain a licensed engineer’s approval. This approval must certify that the existing concrete-embedded Fall Arresting System was field-tested by a qualified testing entity according to a protocol acceptable to the engineer and that the system meets the manufacturer’s expectations. The engineer’s certification must be available at the site at all times and must include:

  • Manufacturer type and name;
  • Instructions on proper installation and use;
  • Adequacy of the concrete structure to sustain static and equivalent dynamic loads; and
  • List of occupational classifications allowed to use the system.

Maintenance and Removal

Effective immediately, contractors must regularly inspect Fall Arresting Systems for damage and must have a maintenance log on-site at all times. Contractors must not permit anyone to use the concrete-embedded Fall Arresting System on their site prior to full compliance with the above.

Once the system is no longer in use, the contractor is responsible for removing the system safely and properly.

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