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Excavation Advisory Issued by NYC to Enhance Safety in Construction Sites

Yellow excavator digging on a construction site, surrounded by skyscrapers in Manhattan, NYC.

The New York City Department of Buildings (DOB) recently urged contractors to follow important procedures for excavation and trench safety. The agency has also warned that non-compliance can lead to serious construction accidents that endanger lives and property. In 2022, excavation and trench work claimed 39 lives, over double the previous year’s total, per the Department of Labor.

Excavation safety is important in construction because improper practices can lead to property damage, serious injuries, or even fatalities. Adhering to proper excavation procedures protects the workers on-site and the public in surrounding areas. Understanding the guidelines in Chapter 33 of the NYC Building Code helps prevent accidents, maintain structural stability, and ensure a safe working environment.

What notifications and approvals are necessary?

Before starting any excavation, construction companies must notify the Department of Buildings, including a mandatory 811 Call Before You Dig, for all street frontages. This ensures that underground utilities are marked to avoid accidental damage.

Additionally, construction companies must notify adjoining property owners and other agencies, as required by specific BC sections. Failing to provide these notifications risks legal issues, fines, and increased safety risks to construction workers, drivers, and pedestrians.

How should service lines and utilities be protected?

Accurately locating and protecting all service lines and utilities is a priority before beginning excavation. Manual digging in sensitive areas is advised to prevent damage to utilities before using heavier equipment. By following this protocol, contractors reduce the risk of utility disruptions, which can cause delays and pose risks to worker safety.

Approved Support of Excavation (SOE) documents outline the specific methods to be used, including structural and stability measures. Construction companies and contractors must follow these guidelines, and any deviations require consultation with the Applicant of Record for safety compliance. Altering the plan without approval can lead to structural failures, which can put an entire construction site at risk.

What is excavation sequencing?

Excavation sequencing, as outlined in the approved documents, determines the safe order for installing and removing SOE systems. Following this sequence is key for maintaining stability throughout the process. Skipping steps or altering the sequence can compromise structural integrity and increase the risk of collapse.

Certain actions are strictly prohibited, including excavating without proper SOE or storing materials too close to the excavation site. Also, construction vehicles shouldn’t operate near the excavation unless the approved plans allow it, as these actions can destabilize the site.

Excavation safety checklist

Here’s a breakdown of what construction companies and contractors should do to ensure excavation safety on construction sites:

  • Perform project-specific monitoring per the monitoring plan.
  • Conduct all required inspections as specified by BC.
  • Complete a pre-construction survey before starting excavation.
  • Follow the project-approved site safety plan.
  • Erect a secure construction fence for public protection.
  • Maintain safe entry and exit points in excavation areas
  • Use guardrails for excavations over 6 feet, and ensure proper drainage.
  • After severe weather, inspect excavation support systems for any signs of distress.
  • If extremely hazardous conditions arise, call 911 immediately.

Common injuries in excavation accidents

Injuries from excavation and trench accidents are often severe and can include:

  • Traumatic brain injuries (TBI) from falling debris, equipment, or collapsing structures.
  • Spinal cord injuries resulting from falls or being struck by heavy machinery.
  • Crush injuries and broken bones due to cave-ins or entrapment in trenches.
  • Asphyxiation and respiratory issues from exposure to toxic gases or oxygen-depleted spaces in deep excavations.
  • Lacerations and soft tissue injuries from handling sharp or heavy tools, machinery, or debris.

These injuries not only impact physical health but also carry financial burdens, including medical bills, lost wages, and long-term care needs.

Protecting the rights of NYC construction accident victims

Injured on a construction site in New York City? Keogh Crispi, P.C. can fight for the compensation you need and deserve to get your life back. Get a New York City construction accident attorney with a proven track record of success in recovering maximum compensation for clients. Our law firm's notable case results include $4.5 million for an injured carpenter/laborer whose foot was crushed in an accident during the excavation phase of a Manhattan construction project.

We also work on a contingency fee basis, so you don’t pay anything unless we win. During your free consultation, we’ll listen to what happened, explain your potential legal options, and start mapping out a legal strategy to maximize your compensation. Contact us online or call one of our law offices in New York City or Nyack to schedule a free consultation.

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