Many construction accidents in California are caused by defective equipment. The use of hand tools and heavy industrial equipment or vehicles is part of construction work. Unfortunately, there are times when the equipment is not well maintained which can cause serious injuries and even the loss of life. Injuries can also involve amputations or any serious condition that will prevent the worker from returning to work. Here is a list of the main causes of construction injuries in the California workplace.
Equipment is deemed defective due to a manufacturing or design flaw. Workers who are using defective equipment run the risk of getting injured or killed. The manufacturer or distributor of the defective equipment could be named in a third-party lawsuit and held liable for compensation.
Lack of Maintenance and Repair
Equipment needs periodic maintenance to remain functional and safe for worker’s use. Employers need to make sure that the equipment is properly maintained before allowing its use. Employers must also mandate immediate repairs for equipment deemed unsafe for use. Until the particular machinery is repaired, workers should not attempt to use it to prevent possible accidents and injuries.
Inadequate Workers Training
Modern equipment is favored in construction for its increased productivity and efficiency. The machinery tends to reduce the amount of physical labor required and even possible risk to human lives. Unfortunately, most construction accidents happen because employers tend to overlook the fact that the workers need adequate training to operate the sophisticated equipment. Workers should not operate the machinery if they lacked the knowledge to run it. Otherwise, they will put themselves and others at risk.
Construction Worker’s Right Against Past Criminal Record Screening
California has a current law which protects discrimination against felons. The law prevents employers from asking or using criminal convictions that have been judicially dismissed or sealed. This will protect job seekers who have such records from undue scrutiny and give them the chance to land a job. Employers who violate this new rule intentionally can get slapped with a civil penalty or a misdemeanor criminal liability.
Exceptions to the Rule
This law does not cover cases where the job applicant is required to hold and use a firearm during this or her employment period. Another instance is when the conviction prevents the applicant from holding the job or the employer is simply not allowed to hire an applicant convicted of a crime.
Employers should pay close attention to their equipment and make sure that they are safe for their worker’s use to prevent serious injuries and legal liabilities. Employers should also update their screening process to follow the law that protects ex-felons from discrimination.