LT. Col. Bryan J. Smith, PE, Construction Site Safety / OSHA Expert ::::
Case Description/Summary: A material delivery-man was walking on the construction site to determine where materials needed to be placed for his delivery. As he tried to step through a rough-framed wall, he failed to notice the elevation differential between the room he was leaving and the one he was entering through the wall studs. Either the floors’ elevation difference or a metal concrete pour–stop present at that spot caused him to trip and fall.
Expert Analysis: The plaintiff stated that he was pushing his drywall material cart through the building, which was under construction by the defendant General Contractor (GC). Plaintiff decided to ask the subcontractor, who ordered the material, where they wanted it to be placed. The subcontractor’s men were in a room which was two areas away from where he was located at that point. Instead of pushing his cart through a nearby rough-framed door opening and down the corridor to reach those men, the plaintiff decided to abandon his cart and step through a rough-framed metal stud wall for a “short-cut”. The stud framed wall, which the plaintiff attempted to step through, was a dividing wall between two areas that were at different elevations. The side that he stepped from was eight inches lower than the other side. The dividing point between the two elevations was formed by a piece of metal that had been attached to the face of the stud framing at the side of the higher floor elevation for use as a concrete pour-stop. Plaintiff alleged that he stepped over it and then fell due to broken concrete debris on the elevated floor in the next room. During his fall, he alleged that the metal strip lacerated his leg.