Falls are the most frequently identified cause of construction worker deaths nationally, and OSHA has built an extensive set of standards to prevent them. If you fell on a Delaware construction site, those standards likely apply to your case.
The Detailed Answer
The core construction fall protection standard is found at 29 CFR 1926.501. It identifies the situations in which fall protection is required and the methods that satisfy the rule.
The Six-Foot Trigger
For most general construction activities, fall protection is required when employees work at a height of six feet or more above a lower level. Lower triggers apply for steel erection (15 feet) and scaffold work (10 feet). Different rules also apply for residential construction.
Acceptable Fall Protection Systems
OSHA recognizes several methods of compliance:
- Guardrail systems meeting the strength and height requirements of 29 CFR 1926.502
- Personal fall arrest systems consisting of a body harness, lanyard, and anchor point capable of supporting 5,000 pounds per worker
- Safety net systems installed below the work surface
- Positioning device systems in limited situations
- Warning line systems on certain low-slope roofs
Common Fall Hazards Covered
The standard addresses unprotected sides and edges, leading edges, hoist areas, holes, formwork, ramps and runways, excavations, dangerous equipment, overhand bricklaying, roofing work on low-slope and steep roofs, and “other walking/working surfaces.” If you fell from any of these, the rule likely applied.
Training Requirements
OSHA’s 29 CFR 1926.503 requires employers to train workers on fall hazards and the use of fall protection systems. A failure to train can be cited separately from a fall protection violation.
What This Means for Your Case
If you fell on a Delaware construction site at six feet or more, the absence of guardrails, harnesses, or other fall protection may be evidence of negligence under the general contractor’s or subcontractor’s duty of care. Citations issued to your employer go to workers’ compensation, but citations issued to other companies on the site may support a third-party civil claim. The two-year statute of limitations under 10 Del. C. § 8119 applies. Many Delaware fall from height cases turn on whether anchor points existed, whether harnesses were issued, and whether supervision required their use.
Related Questions
Q: What if I refused to wear my harness?
Comparative negligence under 10 Del. C. § 8132 may reduce your recovery, but it does not necessarily bar it — so long as your fault does not exceed 50%. Employers also have an obligation to enforce fall protection rules.
Q: Does fall protection apply to residential construction?
Yes, with some modifications. OSHA issued guidance on residential construction fall protection that requires conventional methods like guardrails, harnesses, or nets in most situations.
Q: What is a competent person under OSHA fall protection rules?
A competent person is someone capable of identifying hazards and authorized to take prompt corrective action. The rule requires a competent person to inspect anchor points and personal fall arrest equipment.
When to Talk to a Delaware Construction Lawyer
Fall protection cases require fast investigation — anchor points, harnesses, and guardrails can be modified or removed within hours. Joseph M. Jachetti, Delaware Bar #003744, has experience handling Delaware fall accident claims and worked ten years as an insurance claims adjuster before joining the Bar in 1998. Read more about Joseph, our construction accident practice, related scaffolding accident claims, and how OSHA affects construction cases.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.