OSHA National Safety Stand-Down: Preventing Construction Fall Fatalities and Workers’ Compensation Rights in California

• May 08, 2018
• Blog
• Michael Burgis & Associates, P.C

The construction industry observes a week of stand-down action nationwide, including in California, every year at this time. Between May 7 and 11, companies of all sizes pause to make a focused effort on preventing falls, the leading cause of workplace injuries and fatalities in construction.

The goal is to increase safety awareness, strengthen compliance, and prevent future tragedies.

This marks the fifth annual National Safety Stand-Down to Prevent Falls in Construction, a campaign organized by OSHA and NIOSH to encourage employers to halt work, review hazards, and retrain workers.

Why Falls Are Still the #1 Killer in Construction

The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) report that falls remain the leading cause of death in construction.

• In 2016, 991 construction workers died nationwide.
• More than 370 of those deaths were fall-related.
• In 2021, falls accounted for 378 of 986 construction fatalities (CFOI data).
• California consistently reports among the highest numbers of fall-related deaths due to its large and diverse construction workforce.

Falls are part of OSHA’s “Fatal Four” — the four most deadly construction hazards:

1. Falls from height.
2. Struck-by incidents.
3. Electrocutions.
4. Caught in/between accidents.

Eliminating falls could save nearly one in three construction-related deaths every year.

Types of Fall Accidents

Falls don’t all happen the same way. OSHA and Cal/OSHA categorize fall hazards into specific accident types:

• Falls from ladders → Misuse, unsecured ladders, overreaching.
• Falls from scaffolds → Missing guardrails, improper assembly.
• Falls from roofs → Lack of lifelines, unprotected edges.
• Falls through holes/openings → Uncovered skylights, floor gaps.
• Falls from aerial lifts → Improper use of harnesses.
• Falls from edges → Unprotected perimeters or unfinished floors.

Each requires different protection strategies, but all fall under OSHA and Cal/OSHA’s mandatory fall protection regulations.

OSHA and Cal/OSHA Fall Protection Standards

Federal OSHA Standards (29 CFR 1926 Subpart M)

Employers must:

• Provide fall protection at 6 feet or more in construction.
• Install guardrails, safety nets, or fall arrest systems to prevent falls from occurring.
• Train workers under 29 CFR 1926.503.
• Ensure proper scaffold design in accordance with Subpart L.

California Cal/OSHA Standards (Title 8 CCR §1670–1671.2)

• Fall protection is required at 7.5 feet or more in many situations.
• Employers must create a written Injury and Illness Prevention Program (IIPP) (Labor Code §6401.7).
• Employers must designate a competent person to inspect job sites and equipment.
• Fatalities must be reported to Cal/OSHA within 8 hours.

Employer Responsibilities During Stand-Down Week

Safety authorities emphasize three focus points: planning, equipment, and training.

But in California, employer obligations go deeper:

1. Planning & Hazard Assessments
   • Conduct site-specific hazard analyses.
   • Document fall risks in the IIPP.
   • Create emergency rescue plans. 
2. Providing Equipment
   • Harnesses, lanyards, and anchorage points.
   • Scaffolds with guardrails and midrails.
   • Covers for floor openings. 
3. Training Workers
   • OSHA 1926.503 compliance training.
   • Hands-on fall arrest demonstrations.
   • Documentation of worker certifications. 
4. Competent Person Requirement
   • Cal/OSHA requires a competent person to oversee fall protection systems and site inspections.

Historical Progress of the Safety Stand-Down

The National Safety Stand-Down began in 2014. Since then:

• 1st year (2014): 1 million workers reached.
• 3rd year (2016): Expanded beyond construction to telecom, warehousing, and utilities.
• 5th year (2018): Over 7 million workers reached nationwide.
• 10th year (2023): OSHA reported participation in all 50 states, with global adoption by U.S. military bases abroad.

Despite outreach efforts, fall fatalities have not decreased significantly, indicating ongoing gaps in compliance and enforcement.

Consequences of Fall Accidents

Falls often cause life-altering injuries:

• Traumatic Brain Injuries (TBI) → permanent cognitive impairment.
• Spinal Cord Injuries → paralysis/quadriplegia.
• Multiple Fractures → long recovery, chronic disability.
• Internal Organ Damage → long-term medical complications.
• Fatalities → devastating financial and emotional impact on families.

Workers’ Compensation Benefits After Falls in California

When falls do occur, workers and families may pursue workers’ compensation benefits under California law.

Benefits Include:

• Medical Treatment: Hospitalization, surgery, rehabilitation.
• Temporary Disability (TD): Two-thirds wage replacement during recovery.
• Permanent Disability (PD): For lasting impairments.
• Supplemental Job Displacement (SJDB): $6,000 retraining voucher.
• Death Benefits (Labor Code §§4700–4709, §5406):
  • Up to $10,000 burial allowance.
  • Weekly wage replacement for dependents (spouse, children, partial dependents).
  • Duration: Until spouse remarries or children reach 18 (longer if disabled).

Third-Party Liability Beyond Workers’ Comp

Workers’ comp is limited, but families may also file third-party lawsuits for:

• Defective equipment (scaffolds, ladders, harnesses).
• Negligent contractors or subcontractors.
• Unsafe property conditions (faulty roof structures, building code violations).

These claims can recover pain and suffering damages that are not available in workers’ compensation.

Real-World Examples in California

• Los Angeles, 2018: A roofer died after falling through a skylight. Cal/OSHA fined the employer $193,905 for willful violations (Title 8 CCR §3212).
• San Jose, 2019: Scaffold collapse killed one worker, injured three. Employer fined $54,750 for inadequate training.
• Sacramento, 2021: A tree trimmer fell 30 feet due to improper harnessing. Cal/OSHA cited the employer for multiple violations totaling $85,000.

These cases highlight how Cal/OSHA penalties can punish employers, but benefits for families often come only through workers’ compensation claims.

Frequently Asked Questions (FAQs)

1. What is OSHA’s National Safety Stand-Down?

A week-long nationwide campaign to raise awareness of fall hazards and promote fall protection training.

2. What are the most common fall accidents in construction?

Falls from ladders, scaffolds, roofs, aerial lifts, and unprotected edges.

3. What fall protection is required by OSHA?

Employers must provide fall arrest systems, guardrails, scaffolds, and training under 29 CFR 1926 Subpart M.

4. How does Cal/OSHA differ from federal OSHA?

Cal/OSHA requires fall protection at 7.5 feet, mandates IIPP, and enforces stricter site inspections.

5. What workers’ comp benefits are available after a fatal fall?

Up to $10,000 burial costs plus ongoing wage replacement for dependents.

6. What are the top OSHA citations for fall protection?

Failure to provide fall arrest systems, improper scaffolds, and unprotected roof edges.

7. How long do families have to file a claim?

Under Labor Code §5406, death benefit claims must be filed within 1 year of death.

8. Can families sue outside workers’ comp?

Yes — if defective equipment or third-party negligence contributed.

Get Legal Help Today

Despite OSHA’s campaigns, falls remain the leading cause of death in construction. Injured workers and families deserve full protection under California law.

At Michael Burgis & Associates, we:

• File and manage workers’ comp fall claims.
• Pursue death benefits for families.
• Investigate third-party liability lawsuits. 

Free consultations
No upfront fees
Decades of combined legal experience

Contact us today to secure the benefits and justice you deserve.

Bottom Line:
The National Safety Stand-Down shines a spotlight on fall prevention, but real safety depends on strict employer compliance. When prevention fails, families must act quickly to claim workers’ comp benefits — and pursue additional legal remedies when appropriate.