Unfortunately, in my line of work, one becomes accustomed to construction horror stories like this collapse in Times Square.  Over the years I have seen countless incidents where serious injuries and death’s have occurred from a failure to adhere to safety regulations. Plaza Construction, the employer of Jaos Pires, received 28 violations prior to the collapse. This is yet another example of contractors failing to maintain a safe work environment for their employees.

Trolman, Glaser & Lichtman: Don’t Settle For Less

As I’ve said time and again, crane collapses are some of the most dangerous and devastating accidents our city faces. Simultaneously, however, they are one of the easiest to avoid. In this particular case, Bethany Klein, the former head of the building department’s crane and derricks unit, had even written an email warning that the crane was in bad shape and ought to be shut down. This email was sent nine months before it ultimately collapsed, taking the lives of two construction workers. Unfortunately, the reality is that many of these tragedies are the result of an attempt by the construction companies to save time and money. Ceasing construction to make repairs on a crane is something construction companies avoid at all costs, but the result of the risk that they take ends up costing a lot more in the long run. As Ms. Klein wrote in her email, "The city needs to address this."

This is an extremely troubling situation that combines the negligence of a fraudulent contractor and a failure of the City to recognize a scheme before it resulted in the horrific death of an innocent worker. Numerous safety regulations were ignored and violated including the lack of a certified foreman to oversee the project. Following these discoveries, the Buildings Department suspended work at as many as 28 other construction sites in the City involving the same "contractor." Rose Gill Hearn, the commissioner of the investigation department, said that the case involved "brazen fraud, unsafe construction practices, and a worker’s tragic death. The individuals in this scheme put the lives of workers and the public in danger." My hope is that the City responds aggressively and actively so as to avoid future incidences of fraud and negligent disregard for safety regulations at construction sites.

Here is yet another example of a terrible accident that occurred in our city, probably due to negligent disregard of proper safety regulations. Though a full report on what exactly went wrong and who is at fault is not complete, experience with these incidences has taught me that more often than not, they are the results of a failure to adhere to the mandates of the labor law of the state of New York.

Asbestos in the environment is a clear hazard and danger. Owners of property have the option to take a proactive and protective step to remove asbestos from the premises or take the risk and gamble with peoples lives. We hope that the press continues to report on these issues, making the dangers associated with asbestos more well known to the public.

Following the result of the 2008 Presidential Election, many  Americans are hoping for policy changes for disabled citizens and their families. Barack Obama and Joe Biden’s "Plan to Empower People with Disabilities" is one that we can expect will enhance the lives of those living and coping with disabilities on a daily basis. The most important component of this plan is the Community Choice Act, which will end the current institutional biases and instead provide disabled individuals and their families the opportunity to choose how and where their care is administered.

The significance of reform for disabled people is that now, many of the people I represent will receive adequate and appropriate care. All too often I see people of all ages come into my office who have been poorly treated, mis-diagnosed, and suffering unnecessarily. If the president elect keeps these promises, the hope is that the rights of the disabled will be ensured and protected.

Again, a fatality at a construction site that should have and could have been avoided if the safety regulations were followed. I agree with Edward Jerome, the area’s director of the federal Occupational Safety and Health Administration, that there are specific regulations regarding "sloping and shoring a trench to prevent collapses." The rules are there, they must be followed. Furthermore, it demonstrates a failure to adhere to the mandates of the labor law of the state of New York.

Again we are reminded of the dangers involved in many of the City’s construction sites. Crane accidents, which are among the most deadly facing construction workers, are more often than not the result of negligence and non compliance with safety standards by those utilizing cranes around the city. Failure to make the work site safe leaves the construction companies and/or the City liable for damages, pain and suffering, and wrongful death.

Following the amount of deaths crossing over into the double digits this year alone, we certainly hope that elected officials in the City of New York take some initiative to improve the standards of safety for crane operation and construction sites.

 

Feres v. United States, 340 U.S. 135 (1950), is a case in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.

The practical effect is that the Feres doctrine effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured.

The full CBS News report can be seen below. CBS reported earlier this year that the “Carmelo Rodriguez Military Malpractice and Injustice Act” is being introduced into Congress by New York state representative Maurice Hinchey.