When are tools and machinery considered dangerous or defective?

Tools are considered dangerous and defective when despite following the manufacturer’s operating instructions, the tool does not perform properly and poses a hazard risk to the worker.

Dangerous or defective tools and machinery have manufacturing or design defects or they are faulty because of a lack of warning or instructions. Tools can also become dangerous due to a lack of proper maintenance.

Whether tools are heavy equipment or small hand tools, they are vital for the construction trade. In contrast, when tools become defective they can result in serious injuries, and in some cases, even death.

What most often causes injuries that involve the use of construction equipment?

While defective manufacture of equipment design can occur, it is uncommon for an OSHA investigation to find that the equipment was defective. It is much more likely that the contractor failed to maintain the equipment, improperly repaired it or altered it in some way that made the equipment dangerous for workers to operate.

Studying a list of OSHA inspections makes this fact apparent.

Furthermore, the following is an example of improper maintenance and repair inadequacies that led to a construction site fatality:

• Not ensuring a qualified person inspected repaired equipment to ensure the repair met the manufacturer's criteria
• Lacking maintenance and repair personnel who met the definition of a qualified person for the equipment, and the maintenance and repair tasks performed.
• Missing warning labels and decals that originally came with the equipment and were supplied by the manufacturer
• Modifications or additions made to the equipment that were not approved by the manufacturer and resulted in unsafe equipment operation

Based on an OSHA investigation, the above were the underlying causes of an incident where a truck-mounted crane broke loose, instantly killing a worker at an Arkansas construction site.

(Reference: OSHA news release)

Why is seeking legal representation vital in construction accidents and deaths?

When filing a claim against a property owner or construction company, you often face the challenge of dealing with their experienced legal teams.

Our legal team at Sackstein Sackstein & Lee, LLP has the wherewithal and skills to investigate the underlying causes of construction site accidents and hold responsible parties accountable.