Struck-by accidents involving falling objects — tools, materials, equipment, and structural components dropped from elevated work areas — are the second leading cause of construction fatalities, killing 175 workers in 2024 and seriously injuring thousands more. OSHA's struck-by protection requirements (29 CFR 1926.502(j)) require that contractors install toe boards, screens, guardrail systems, canopy structures, or barricades to prevent objects from falling onto workers below. Contractors performing overhead work must either contain all materials and tools on the elevated platform or establish exclusion zones below that keep workers clear. Failure to implement these measures — documented by OSHA inspection citations — is a primary basis for third-party negligence claims. In New York, falling object accidents are also covered by Labor Law §240(1), which extends the statute's absolute liability to objects that fall and strike workers below as well as to workers who fall from elevation.

Hard Hat Requirements Are Not Enough

Contractors often defend falling object cases by pointing to the victim's failure to wear a hard hat. Under OSHA 29 CFR 1926.100, hard hats are required in construction areas where there is a danger of head injury — but they are not a substitute for engineering controls that prevent objects from falling in the first place. A hard hat can reduce the severity of injury from a small tool drop but provides no protection against a large beam, pipe section, or pallet of materials dropped from 30 feet. The primary obligation is on the contractor to prevent the falling hazard through engineering controls — toe boards, nets, barricades, and exclusion zones — not to rely on personal protective equipment as the sole defense.