Did low lighting levels cause worker to fall into dumpster?

Safety insight: Keep in mind the significant risks posed by poor lighting levels. Inadequate illumination combined with other potential workplace hazards can be a ticking time bomb.

What happened: It was late in the day and lighting levels were low when a contract employee carried a heavy load to a dumpster. He made his way to the dumpster using a path made of plywood boards. However, it had rained the day before and the plywood path was covered with mud.

What people did: The worker lifted up the load to put it in the dumpster when his foot slipped on the mud and he tumbled head-first into the dumpster along with the load. He survived the incident, but he was severely injured.

Legal challenge: The contract employee sued the host employer, arguing that it had a duty to provide him with a safe workplace that was adequately illuminated and didn’t have a slippery plywood walkway.

Result: The company lost. The court said the host employer was obligated to provide the contract staffer with a safe workplace. According to the judge, it was the responsibility of the host employer to ensure the work area was adequately illuminated and the walkway wasn’t slippery. Because the company failed to keep the workplace free of hazards, the court said a jury should decide whether the host employer was on the hook for the contract staffer’s injuries.

The skinny: Even when host employers don’t control the means and methods of the work performed by contract employees, they’re still legally bound to make sure lighting levels are adequate and walkways are safe.

Citation: Coleman v. New York City School Construction Authority, Supreme Court of New York, No. 2023 NY Slip Op. 32338 (U), 7/7/23.

(From the Aug. 7, 2023, issue of Safety Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)