North Carolina's Construction Industry Leads in Workplace Deaths Leads to Calls for More Inspectors and Tougher Penalties

According to various reports and advocates for workplace safety, the construction industry in North Carolina has seen the highest number of workplace deaths, nearly 60 between January 2021 and September 2023, according to the North Carolina Department of Labor's Occupational Fatality Inspection Review data. This trend, consistently placing the construction sector at the forefront of workplace fatalities for the past 14 years, with over 250 construction workers dying since 2009, mirrors national statistics where construction and extraction workers are among the highest in fatalities. In 2022, North Carolina's construction fatality rate was 11.5, slightly above the 43-state average of 10.7, as reported by the U.S. Bureau of Labor Statistics.

The reports reveal a concerning pattern of safety oversight and the need for more stringent measures to protect workers. For instance, on January 13, 2021, a construction project in Hendersonville saw a tragic incident where a retaining wall collapsed, resulting in the death of Marcelino Rendon Hernandez and serious injuries to Magno Alberto Valdez Sanchez among others. This incident underlines the larger issue of safety assessments not being conducted adequately before undertaking potentially hazardous construction activities.

Further complicating the situation is the disproportionate impact on Latino workers, who, despite making up just over 10% of the state's population, accounted for more than 25% of workplace fatalities in 2020. Advocates point to the need for more inspectors and tougher penalties to deter safety violations, noting that North Carolina has historically issued fewer willful violations compared to the national average.

The Carolinas AGC (Associated General Contractors) has responded by emphasizing the inherent risks of construction work and the proactive safety measures taken by its members. They highlight their partnership with state labor departments to address safety concerns and advocate for continued emphasis on preventing accidents.

Enforcement and penalty measures have seen some adjustments, with North Carolina increasing its maximum penalties in 2022 to align with federal standards. However, there's an ongoing debate about the efficacy of these penalties, especially when they can be negotiated down. This practice, coupled with staffing challenges faced by the North Carolina Department of Labor's Occupational Safety and Health Division, underscores the complexities of ensuring workplace safety.

Through various efforts, including increased inspections, safety training, and legislative initiatives, stakeholders aim to improve the construction industry's safety record. Yet, as detailed by individual cases and broader data trends, the challenge remains substantial, requiring a multifaceted approach to protect workers across North Carolina.

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The role of Rosensteel Fleishman in supporting accident victims and their families extends beyond mere legal representation. They act as advocates, striving to secure the justice and compensation their clients deserve. By meticulously investigating each case, negotiating with insurance companies, and, when necessary, representing clients in court, the firm ensures that the rights of the victims are protected and upheld. Their expertise in personal injury and workers compensation law in Charlotte, NC, makes them a formidable ally in the fight for fair treatment and accountability.

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For those impacted by construction accidents in North Carolina, the path to recovery can be challenging. However, with Rosensteel Fleishman Car Accident & Injury Lawyers by your side, you are not alone. Their commitment to serving the Charlotte community and their expertise in personal injury and workers compensation law provide a beacon of hope for victims and their families. If you or a loved one has been affected by a construction accident, reaching out to Rosensteel Fleishman can be the first step toward finding resolution and peace.

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