Western New York Concrete Corp Construction Worker Randy Ridd Died In Batavia Industrial Accident After Becoming Stuck In Stone Bin
GENESEE COUNTY, NEW YORK (September 15, 2021) – A man working at Western N.Y. Concrete Corp on East Main Street identified as Randy Ridd has tragically died in an accident after becoming stuck in a stone bin.
Genesee County police officials are saying that the accident took place around 12:57 p.m. on Tuesday. Randy Ridd became stuck in a large stone bin under unclear circumstances.
Coworkers attempted to extricate the victim, but were unsuccessful. First responders were eventually able to remove the man from the stone bin, but Randy Ridd had already passed away.
The stone hopper involved in the accident is used in the production of concrete. OSHA is currently conducting an investigation into the accident at Western N.Y. Concrete Corp.
Liability In Batavia Industrial Accidents
According to data from the Bureau of Labor Statistics, over 140,000 workers sustained non-fatal injuries and illnesses in private industry in the state of New York for 2019. Accidents can happen across all industries including construction, manufacturing, trade and transportation. There are four type of accidents in particular that account for the vast majority of workplace deaths. These four accident types were dubbed the “fatal four” by OSHA and include falls, being struck by objects, electrocutions and caught-in between accidents. Caught-in between deaths can be prevented when the right safety measures are in place.
- Employers should train workers to recognize hazards.
- Employees should maintain proper communication at all times.
- Workers should follow the proper lock-out/tag-out procedures.
Construction companies have a legal obligation to maintain their work areas in a reasonably safe condition. If they fail to do this and a worker is injured or killed they could be held liable in the event of an accident. Liability for non-gravity related workplace accidents in New York will typically be established under two different statutes: (1) New York Labor Law 200 and (2) New York Labor Law 241(6).
- New York Labor Law 200: Construction companies must provide workers with a reasonably safe environment for employees and those lawfully frequenting work sites. The statute requires, “All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.” Labor Law 200 is a codification of an employer’s common law duty to provide a safe environment and is adjudicated much the same way a negligence claim is. When a construction company has actual knowledge or constructive notice of a dangerous condition on a premises they must work to remove that dangerous condition. Failure to do so may create liability for a construction company if a worker is injured or killed.
Comparative negligence may limit claims under NYLL §200. Plaintiffs will typically not be able to recover under NYLL §200 if they were injured by an “open and obvious” condition.
- New York Labor Law 241(6): This statute creates a non-delegable duty for owners and general contractors who employ workers in construction, demolition, and excavation. (See, e.g., Allen v. Cloutier Constr. Corp., 44 N.Y.2d 290, 405 N.Y.S.2d 630 ) Owners and general contractors must “provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.” Plaintiffs must show that the violation of an industrial code was the proximate cause of their injury. For example, OSHA regulation 1926.501 (b) requires workers 6 feet or more above dangerous equipment to be protected by guardrails, fall arrest systems or safety net systems.
When a worker is injured or killed on the job they or their family may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and funeral expenses. It is very important that evidence is preserved after an accident. There should also be a thorough investigation into what happened. Were OSHA guidelines being followed? A workplace accident attorney can examine all of the facts of your case and get you the answers that you deserve about what went wrong.
Investigating A Western N.Y. Concrete Corp Stone Bin Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Randy Ridd who died at Western N.Y. Concrete Corp. Any person that may have information about what happened should reach out to OSHA. It is our sincere hope that steps are taken to prevent similar tragedies.
This accident in Batavia raises a number of safety questions. Was the victim given the proper training? Did he receive the necessary safety equipment? Were OSHA safety guidelines violated? Could this incident have been prevented? Worker safety should always be the number one priority for any company. The vast majority of workplace injuries and deaths are completely preventable.