Every year, construction continues to be one of the deadliest industries in Texas and throughout the country. Statistics for 2023 show that construction had the most fatalities in all industry sectors (1,075).
In an effort to reduce the rate of construction accidents, injuries and deaths, the Occupational Safety and Health Administration (OSHA) creates and enforces workplace safety regulations. Employers and individuals who violate OSHA rules put construction workers at risk.
Although an OSHA violation does not automatically equal negligence, it can likely be used as evidence to prove that an accused party breached his or her duty of care to the injured victim. This can strengthen the victim’s case and potentially lead to a greater payout.
Common Construction Accidents and Injuries in Texas
Many of the most commonly reported construction site accidents in Texas are related to OSHA safety violations. OSHA’s “Fatal Four,” or the four top causes of death in construction, are falls, caught-in or -between, struck-by objects, and electrocutions. OSHA has regulations in place to prevent all of these incidents.
Common construction accidents include:
- Slip, trip and fall accidents
- Transportation accidents
- Forklift accidents
- Equipment and machinery accidents
- Scaffolding accidents
- Crane collapses
- Falling objects or building materials
- Exposure to dangerous substances
- Oilfield explosions
- Ladder accidents
- Trench collapses
- Acts of violence
Common serious injuries associated with construction accidents include broken bones, traumatic brain injuries, spinal cord injuries, herniated disks, internal injuries, burns, lacerations, amputations, hearing and vision damage, and illnesses from chemical exposure.
Is an OSHA Violation Proof of Negligence in a Construction Accident Case?
No, an OSHA violation at a construction site is not automatically proof of negligence in a construction injury case. A case in the Corpus Christi Court of Appeals (4Front Engineered Solutions, Inc. v. Rosales) concluded that while evidence of an OSHA violation can be relevant to demonstrate negligence, it is not proof of negligence per se.
Negligence per se means that a defendant is considered to be negligent based on a violated law or statute alone, with no further proof of negligence or fault required to prove liability. In Texas, proof of an OSHA violation in a construction accident case is not enough to automatically establish negligence.
However, it can be used as evidence to support a claim. Along with other proof of negligence, such as an employer failing to prioritize worker safety, an OSHA violation can provide strong evidence to support a construction injury claim.
What Is the Burden of Proof?
Showing that a construction company was not obeying OSHA’s federal safety requirements at the time of a harmful accident in Texas can be evidence of a breach of the duty of care. This is one of the key elements required to prove negligence:
- Duty of care: a legal obligation for the defendant (accused party) to act with reasonable care to prevent harm to the plaintiff (injured party). An example is an employer’s duty to maintain a reasonably safe construction site for employees.
- Breach: an act or omission that violated the defendant’s duty of care. An OSHA violation can be evidence of a breach of duty in a construction injury claim.
- Causation: a link between the defendant’s breach of duty and the plaintiff’s construction accident injuries.
- Damages: actual losses suffered in the construction accident, such as bodily injuries, lost wages, and pain and suffering.
The burden of proof that must be met to result in financial compensation for the victim is “based on a preponderance of the evidence,” or that the claim is true with at least a 51 percent likelihood. This requires compelling evidence.
What Are OSHA’s Construction Regulations?
Safety experts document the top causes of construction injuries and fatalities to better understand how to prevent them. Safety organizations such as OSHA then pass rules and regulations to improve the safety of workers in construction. OSHA regulates the construction industry with hundreds of national safety standards.
These statutes include:
- Fall protection (29 CFR 1926.501)
- Ladder safety standards (29 CFR 1926.1053)
- Scaffolding regulations (29 CFR 1926.451)
- Maintenance and inspection requirements (29 CFR 1910-1910.1450)
- Worker safety training requirements (29 CFR 1926.21)
- Personal protective equipment (PPE) protocols (29 CFR 1910.132)
Ignored workplace safety standards can easily lead to a harmful construction site accident in Texas. If an employer, coworker, contractor, subcontractor, engineer, architect, product manufacturer or another party involved in a construction project violates an OSHA rule, serious accidents can arise.
Most Frequently Cited OSHA Violations in Construction
The U.S. Department of Labor reports that there were 5,283 worker fatalities in 2023 in the U.S. Investigations of these deadly accidents identified the top 10 most frequently cited OSHA safety standards in the workplace.
In construction, the top violations were:
- Ladders
- Fall protection training
- Scaffolding
- Eye and face protection
In “general industry,” violations also included respiratory protection, machine guarding and hazard communication.
Who Can Be Held Liable for an OSHA Violation Incident in Texas?
When a construction accident takes place in Texas, a worker who is injured may be able to recover financial compensation through a workers’ compensation insurance claim or a personal injury lawsuit. If workers’ comp is available, the victim will not have to prove liability. It is enough to show that the injury or illness arose within the course and scope of the victim’s employment.
If the worker wishes to sue his or her employer or a third party, however, liability must be established using evidence of fault. Potentially liable parties in this type of claim can include:
- A construction company
- A contractor or subcontractor
- A product or equipment manufacturer
- A property owner
- The government
- A driver
- A bystander
Understanding your rights as an injured construction worker is important after a harmful incident. You may have the right to recover compensation through one or more types of legal cases. Working with an experienced construction accident attorney in Texas can make it easier to choose the right legal route for you.
A Construction Accident Attorney in Texas Can Help
If you have a construction accident case involving possible OSHA violations, contact an attorney in Texas to learn about your legal options. At FVF Law Firm, we have over a century of combined experience and don’t charge any fees upfront.
During a free, no-pressure consultation, we will use our experience to answer your questions and educate you about your rights as an injured construction worker. Contact us at (512) 640-2146 today to schedule your meeting.
