Open Roof Holes and Roofing Injury Prevention

TASA ID: 3404

A roofing foreman and crew arrive at the season's first commercial re-roofing project, as he directs his team to load tools and materials to the rooftop, workers set up ladders to gain access to the roof above.  Onsite less than five minutes and without notice, one of the roofers inadvertently loses his balance, falling onto a weathered skylight, shattering the opaque-plastic, falling 60-feet to the concrete floor below, and perishes from blunt force trauma.    

While tearing off the old roof shingles from a three-story residential project, roofers fail to recognize that a recently removed ventilation unit now presents a gaping hole at the rooftop, just big enough for someone to fall in.  Struggling to scrape off the old tarpaper, a roofer is distracted by a question from his partner, as he turns and steps back, he falls directly into the open duct space.  With one leg folded upwards, he quickly falls into the unguarded metal duct, crashing to the basement below, sustaining serious lacerations and multiple broken bones, resulting in lost work, and a long painful rehabilitation. 

If you are a construction negligence and defect attorney, you may have handled cases similar to the noted examples above. From my experience, unprotected roof holes and skylights are a frequent cause of roofing and construction injury negligence cases, as we frequently see these types of violations during roofing safety inspections.

Experts hired to work on roofing injury cases must be experienced, proficient and knowledgeable in various fall protection methods, roofing and reroofing work, OSHA regulations regarding roofing safety, fall protection, and most importantly, fully aware that roof holes and skylights must be protected or covered prior to construction activity. These types of special construction injury cases sometimes require the expert to conduct accident reconstruction to provide testimony in deposition and trial, and conduct extensive review of the case documents and existing evidence.

The expert must also be familiar with OSHA regulatory citations that may impact the case. Since regulatory agencies have different categories of citations, experts need to have a strong understanding of how a serious or willful violation will play out, including the implications or bearing the citations may have on the case.  Once the expert has completed a review of all the case documents, witness depositions and existing evidence, a preliminary report must be provided containing detailed analysis and comments and conclusions supported by expert opinion. The integration of cogent trial exhibits designed by the roofing safety expert may include charts, signs, tools, PPE, or physical mockups helping the trier of fact make complex safety concepts fully comprehensible. OSHA regulations for the roofing industry include:

29 CFR §1926.501 Duty to have Fall Protection
29 CFR §1926.501(b)(4) Holes 
29 CFR §1926.502(i) Strength requirement 
29 CFR §1926.502(i)(3) Securing requirement
29 CFR §1926.502(i)(4) Marking requirement 
CCR Title 8, §1632,(b)(1)

Pre-Roofing Construction Safety Checkpoints

Unprotected holes including skylights may be overlooked by the crew until someone actually falls into one, seriously injuring him or herself and initiating a costly lawsuit.

Regardless of whether the expert serves defense or plaintiff counsel, a methodical forensic analysis to determine the cause of the accident is essential.  As with all forensic studies, we also look at the contractor's written safety program, worker training and company citation history, and evaluation of the accident dynamics. A search of past OSHA citations should also be performed, and if a violation of the standard of care was breached, careful analysis of the firm's safety program must also be assessed.  Experts must determine if the project was governmental, educational, public works, industrial, high-tech, commercial, or residential; as the standard of care may vary accordingly.  When managing a complex roofing injury case, it is highly recommended that an experienced, board-certified, educated, and knowledgeable roofing safety professional be retained.

Source:

Information listed below represent OSHA regulations and compliance letters related to construction floor and roof holes. 

Fed/OSHA 29 CFR 1926, Safety and Health Regulations for Construction

29 CFR §1926.501 Duty to have Fall Protection
29 CFR §1926.501(b)(4) Holes
(i) Each employee on walking/working surfaces shall be protected from falling through holes (including skylights) more than 6 feet (1.8 m) above lower levels, by personal fall arrest systems, covers, or guardrail systems erected around such holes.
(ii) Each employee on a walking/working surface shall be protected from tripping in or stepping into or through holes (including skylights) by covers.
(iii) Each employee on a walking/working surface shall be protected from objects falling through holes (including skylights) by covers.

29 CFR §1926.502(i) Strength requirement:
Covers shall be capable of supporting without failure, at least twice the weight of employees, equipment, and materials that may be imposed on the cover at any one time.

29 CFR §1926.502(i)(3) Securing requirement:
All covers shall be secured when installed so as to prevent accidental displacement by the wind, equipment, or employees.

29 CFR §1926.502(i)(4) Marking requirement:
All covers shall be color-coded or they shall be marked with the word "HOLE" or "COVER" to provide warning of the hazard

Cal/OSHA CCR Title 8 Construction Safety Orders, Article 30. Roofing Operations and Equipment

CCR Title 8, §1632,(b)(1): Floor, Roof, and Wall Openings to Be Guarded.
Floor, roof and skylight openings shall be guarded by either temporary railings and toeboards or by covers.

Federal OSHA Regulations for Construction, Duty to have Fall Protection, Holes
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10757&p_table=STANDARDS


Fed/OSHA Interpretation Letters:

Duty of a subcontractor to cover floor holes in a Multi-Employer work site
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24973

Whether certain skylights meet the cover criteria of 1926 Subpart M
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25927

California OSHA Construction Safety Orders for Roofing Operations
http://www.dir.ca.gov/title8/sb4a30.html

Cal/OSHA Construction Safety Orders, Floor, Roof, and Wall Openings to Be Guarded
http://www.dir.ca.gov/title8/1632.html

Fall Protection for the Construction Industry, Oregon OSHA
http://www.orosha.org/pdf/pubs/2824.pdf

This article discusses issues of general interest and does not give any specific legal or business advice pertaining to any specific circumstances.  Before acting upon any of its information, you should obtain appropriate advice from a lawyer or other qualified professional.

This article may not be duplicated, altered, distributed, saved, incorporated into another document or website, or otherwise modified without the permission of TASA.