John Tesoriero, PE, PP ::::
Case Synopsis: Defendant was a commercial business owner who hired an HVAC contractor to perform service on his rooftop HVAC units. Plaintiff, while performing his work related duties, ventured into a remote area of the roof, which contained a skylight, slipped and fell through the rooftop skylight, a distance of over 30 feet, to the concrete floor below.
Expert Analysis: Expert Investigation of the incident skylight construction revealed:
1. Designed by a State Licensed and Registered Professional.
2. Design reviewed and approved by the local Planning Board.
3. Design reviewed, approved and permitted for BOCA Code compliance by the local construction official.
4. Constructed and inspected in conformance with the local construction department permit.
It was also evidenced that the owner:
1. Hired a State licensed and well experienced HVAC contractor to perform the subject work.
2. Required the Contractor to be properly insured and named as a co-insured party.
3. Required and obtained, in writing prior to commencement of work, worker qualifications and knowledge and recognition of site safety practices to be followed by workers.
4. Required all contractor work be performed in conformance with OSHA requirements and that the employee be properly trained and familiar with the safe prosecution of the work to be performed under contract.
5. Warned, in writing, the contractor of rooftop work dangers, referencing appropriate OSHA Code requirements.
6. Showed that the incident occurred away from the reasonably determined worksite of the Plaintiff.
7. Plaintiff failed to comply with the properly documented and instructed safe work practices and voluntarily placed himself in danger, not required by his work, and causing his own injury.
Duties: To provide a reasonably safe work environment for its contractor and make its contractor reasonably aware of the safety procedures to be employed while performing work at its place of business.
Result: Case settled prior to trial.