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Saturday, April 23, 2011

Table Saw Accidents are Preventable

            New York State provides protection for construction workers designed to force property owners and general contractors to require that job sites comply with basic safety standards.  For example, when using a table saw (a common construction site power tool) 12 NYCRR §23-1.12(2) specifically provides that every table saw “shall be equipped with a guard which covers the saw blade to such an extent as will prevent contact with the teeth.”  The provision further requires that “Every such saw shall be equipped with a cut-off switch within easy reach of the operator without leaving the operating position.” See, Jacobus v. Black & Decker (US) Inc., 8 A.D.3d 443, 778 N.Y.S.2d 300 (2d Dept. 2004).  A construction worker injured by an unguarded table saw blade can bring a lawsuit to recover for injuries sustained, pain and suffering, lost earnings and medical expenses.

            The problem is that a walk through most construction sites will reveal that table saw guards are rarely ever used (or even on the job site) with table saws.  The combination of cluttered, uneven work sites and the pressures of completing the job on time makes the unguarded table saw an accident waiting to happen.  The way the accident happens is simple and complex at the same time.  The table saw blade guard has a few main functions – the obvious one being the physical blade cover.  In addition, the guard assembly also helps prevent a “kick back” – where the wood binds on the spinning blade and is unexpectedly propelled back towards the operator.  This can occur because the natural tendency of wood when it is partially cut is to pinch together (grabbing the spinning blade).  The metal support that holds the guard in place helps prevent the wood from pinching the blade.  In addition, the guards are equipped with anti-kickback fingers.  These work like check valves that only allow the wood to travel in one direction – if the wood tries to come backward the device stops the wood.  These guards have been around for almost 100 years – relatively unchanged from the original design.

            In theory, this safety device sounds perfect and one would wonder why it is not universally used in the field.  However, most workers have never even seen the guard because the employers never install them on the table saws in the first place.  Employers find them to be clumsy and slow down the work.  Another option would be to use table saws equipped with Saw Stop technology.  This relatively recent invention uses electronic sensors to determine if the object touching the blade is wood or flesh then stops the spinning blade in a micro-second.  Now the worker would certainly get scared and probably receive some superficial injury – however it would be nothing compared with the life altering amputations that occur when the blade keeps spinning.  Unfortunately, table saws equipped with this technology are more expensive than traditional table saws. 

            Since the worker has no real ability to complain about unsafe work sites and equipment (for fear of losing the job) we will continue to see productive workers’ hands mangled by saw blades.  Most construction workers who are missing part of a hand will tell you that the ability to bring a lawsuit (with no guarantee of success) does not make up for the suffering they endure every day.

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