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Construction Accident Law in New York
Construction Injuries
- Amputation
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- Neck Injuries
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Struck by Nail: Fatal Fact #48
Construction Company Type: Remodeling
Accident Description:
Two employees were doing remodeling construction and were building a wall. One of the workers was killed when he was struck by a nail fired from a powder-actuated tool. The tool operator, while attempting to anchor plywood to a 2" × 4" stud, fired the tool. The nail penetrated the stud and the plywood partition prior to striking the victim.
OSHA Recommendations:
- Employees using powder-actuated tools must be trained in the operation of the particular tool. [29 CFR 1926.302(e)(l)].
- Driving into materials easily penetrated must be avoided unless materials are backed by a substance that will prevent the nail from passing completely through and creating a flying missile hazard on the other side [29 CFR 1926.302(e)(8)].
- Operators and assistants using powder-actuated tools must be safeguarded with eye protection [28 CFR 1926.302(e)(12)].
Inspection Results
As a result of its investigation, OSHA issued citations for three serious violations. Had employees been trained in the use of powder-actuated tools and had precautions been taken to prevent the nail from passing through the wall, the accident probably would not have occurred.
Sources of Help
- OSHA General Industry Standards [29 CFR Parts 1900-1910] and OSHA Construction Standards [29 CFR Part 1926] which together include all OSHA job safety and health rules and regulations covering construction.
- OSHA-funded free consultation services listed in telephone directories under U.S. Labor Department or under the state government section where states administer their own OSHA programs.
- Courses in construction safety are offered by the OSHA Training Institute, 1555 Times Drive, Des Plaines, IL 60018, 312/297-4810.
Accident Details: Struck by Nail |
|
| Company Type: | Remodeling |
| Crew Size: | 2 |
| Union/Collective Bargaining? | No |
| Weather: | N/A |
| Worksite Inspection? | No |
| Designated Competent Person on Site? | No |
| Employer Safety and Health Program? | No |
| Training and Education for Employees? | No |
| Craft of Deceased Worker(s): | Maintainence |
| Age / Sex of Deceased Worker(s): | 32; male |
| Experience or Time on Job: | 1 day |
| Time on Project: | 1 day |
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