New York Construction Accident Attorneys - Kleinick Law
 

Keith A. Kleinick, Esq.

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New York City NY Construction Fatalities

Three male construction workers who were employed by a paving company sustained fatal injuries when they were struck by a passenger bus inside a highway work zone. NY FACE staff learned of the incident on May 23 from newspaper articles. An NY FACE investigator traveled to the incident site to observe the work zone set-up and work activities and to collect information surrounding the fatal incident. The regional office of the New York State Department of Transportation (NYSDOT) provided assistance during the course of the FACE investigation. The case was reviewed with the compliance officer of the Occupational Safety and Health Administration (OSHA) who investigated the incident. The New York State Police incident report and collision reconstruction report, Medical Examiner's reports, and death certificates were reviewed. The NYSDOT accident review board also conducted an investigation.

The victims' employer has been in the highway construction and maintenance business for 60 years and employs approximately 200 unionized workers. The company had developed safety and health programs required by OSHA and provided employees with annual safety training. A "Tool Box Talk" was held monthly to discuss safety issues with the employees. Workers were required to wear high visibility orange vests or T-shirts, hard hats, safety glasses, gloves, and steel-toed boots when working on highway projects. Two of the victims had been employed with the company for five years and one victim was employed for six years. This was the company's first fatal incident.

The bus driver of the passenger bus was employed by a charter bus company in Missouri. According to the New York State Police, the driver held a Valid Class B license and had not been cited for any violations prior to the fatal incident. The Missouri State Department of Transportation (MoDOT) inspected the bus company 65 times during the last two years and did not find any substantial safety violations. The charter bus company declined to provide information relating to the incident.


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