Construction Company Employee (Worker) Safety, Health and Welfare Law

This hub describes the necessary safety equipment needed for construction workers in most states, and also explains the application and implication of the following laws for construction companies. It also analyzes the following employee safety, health, and welfare laws:
a. Family and Medical Leave Act (FMLA)
b. Worker’s compensation Occupational Safety and Health Act (OSHA)
Then, answers the following questions:
a. What are employers' responsibilities under the law?
b. What protections does the law provide for employees?

Construction Employee Safety

Safety is a growing workplace concern. “Each year 6,000 Americans die from workplace injuries, another 50,000 workers die from illnesses caused by workplace exposure, and 4.7 million suffer nonfatal workplace injuries costing businesses over $170 billion (as of 2002)” (Bennett-Alexander and Hartman, 2007). Construction workers are some of the most at risk staff for workplace injuries and accidents. Because of this, construction companies must provide employees with adequate construction safety equipment and make sure that the workers abide by all OSHA requirements for the construction industry. Additionally, most companies, like Alpha Contractors, will also obtain the extra protection of workers compensation insurance for construction companies in case a workplace injury causes a worker to be unable to work. Still, employees do not only need protection from workplace injuries. Employees may need medical attention for childbirth, injury, or disease, and they may need to take time off to provide care for family members experiencing any of these life events. Protection from workplace injury and job security during time off is provided to employees through the Family and Medical Leave Act and the Occupational Safety and Health Act.

FMLA Applications to Construction Worker Safety

The FMLA was initially designed to provide equal protection for female employees in the workplace. Females found that they were losing their jobs or feeling threatened in the workplace when considering starting a family. Because only women need time off during childbirth, this behavior is considered discriminatory. Still, to avoid reverse discrimination, the Act also provides protection during time off for the men who are introducing a new member into their families. It also grants legal protection during time off to employees who need medical attention for an injury or disease that requires overnight medical attention for the employee or his or her family. “Employers may require employees to first use vacation or other leave before applying for the unpaid leave, but employees must be compensated for the vacation days as they normally would.”

Which Construction Companies are Included in FMLA Legislation

Though Alpha Contractors currently hires contractors on a project-by-project basis only, as the company grows, this law is something it must take into consideration. “The FMLA affects about 5 percent of U.S. employers and about 40 percent of U.S. employees” (Bennett-Alexander and Hartman, 2007). In addition to protecting the employee from termination during medical leave, the law also requires employers to continue providing employees with health insurance during their leave. The law does give employers the right to verify that its employees are using the unpaid FMLA leave for qualifying events. “Employers can also require medical confirmation of an illness, which the U.S. Department of Labor, which has issued regulations on the act, defines as requiring at least one night in the hospital” (Bennett-Alexander and Hartman, 2007). Still, many men are afraid to take advantage of the Family and Medical Leave Act for live events like the birth of a child because they fear negative perceptions from employers. Alpha Contractors has an ethical responsibility to help employees understand that this act is for all qualifying events, and no negative repercussions will take place because employees choose to exercise this right.

Construction Company Safety Equipment | Construction Worker Safety Gear

Alpha Contractors also has a responsibility to provide a safe work environment for all workers, whether they are employees or independent contractors. Construction is, by nature, a very hazardous industry. For this reason, construction safety equipment is a necessity. Construction safety helmets are an important piece of equipment. Not only can these safety instruments help in case of a fall, but also safety helmets often protect construction workers walking on the ground from falling debris. Other important safety equipment for construction workers includes back supports (or back braces) to protect workers as they do heavy lifting, and eye protection equipment for construction workers that keeps debris from doing harm. Fall protection equipment for roofers and other construction workers that are working above ground is also very important. In many cases, if workers are not wearing construction grade fall protection equipment the construction company’s workers compensation insurance is void.

What Safety Gear Construction Companies may Require Contracted Workers to Provide

(Your company may still be responsible for accidents, even if you require your contracted workers to provide their own safety material. You should always verify workers are using this equipment. Even if you do everything right, accidents happen. Carry workers compensation insurance for construction companies to protect yourself and your workers.)
Some of the safety of the workers is left in their own hands. For example, workers know that they should show up on the work site in work boots rather than sandals. The contracted company, not its workers, must provide other protective equipment in many other cases. Alpha Contractors requires the roofing crews that it contracts to use a machine called a “laddivator” for their employees. This piece of equipment carries heavy bundles of shingles up the ladder for employees, rather than forcing them to carry the bundles over their shoulder. Still, Alpha Contractors has other responsibilities that protect its contracted workers. The company provides safety harnesses and pays for training in the use of this equipment to all workers. This training and equipment can help prevent falls, which are one of the leading causes of death in the construction industry.

Occupational Safety and Health Act Requirements (OSHA Requirements)

The Occupational Safety and Health Act requires that “each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” (Bennett-Alexander and Hartman, 2007). In the same way, employees are required to make a reasonable effort to keep themselves from harm. “Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this Act, which are applicable to his own actions and conduct” (Bennett-Alexander and Hartman, 2007). Before the Occupational Safety and Health Act, employees were largely responsible for their own safety. Common law gave some protection to employees, but employers could usually protect themselves against suits using the contributory negligence, assumption of risk, or fellow servant rule defense. “Under OSHA, although workers are still limited in their financial recovery to what they can obtain under workers’ compensation laws, they may now obtain relief from hazardous situations in the form of correction of the circumstances by the employers” (Bennett-Alexander and Hartman, 2007).

More Occupational Safety and Health Act Requirements (OSHA Requirements)

Another interesting ruling regarding OSHA that adds responsibility to the safety provisions Alpha Contractors is responsible for is the application of the multi-employer doctrine. In a case where a company contracted construction workers for a project, the court determined that both the workers company and the company contracting his services were responsible for his safety. “Applying the multi-employer doctrine, the district court held that PDM could be liable for the death of Thormeyer without proof that he was PDM’s employee so long as the government could show that he was an employee of the worksite exposed to the risk created by the contractor’s safety violations” (Bennett-Alexander and Hartman, 2007). If a worker who is not employed by Alpha Contractors is injured due to the company’s negligence, he can still hold the company liable. This is why Alpha Contractors is sure to verify the safety provisions provided by contracted companies, and why it supplements safety gear and equipment as needed to ensure worker safety.

Construction Worker Safety and Safety Equipment For Construction Workers

In order for employees to have security and safety in the workplace, laws like the Family and Medical Leave Act and the Occupational Safety and Health Act are in place. Since OSHA was implemented, workplace fatalities have decreased by an estimated 60% (Bennett-Alexander and Hartman, 2007). Alpha Contractors understands that employee safety is important for both the ethical and financial success of the company. In the same way, employees have a right to know that their jobs are protected during non-workplace health needs and family changes like childbirth, injury, disease or family crisis. Though Alpha Contractors currently hires workers on a project-by-project basis, as the company grows it may need to offer employees time off for these life events through the Family and Medical Leave Act.


References
Bennett-Alexander, D, & Hartman, L (2007). Employment law for business. New York,
NY: McGraw-Hill/Irwin.