Introduction

This article examines Georgia statutes concerning construction site safety and duties to the public in the context of workplace safety extending beyond site boundaries.

Scenario

A construction site manager oversees a building renovation project on Second Street in downtown Macon, Georgia. During high winds, unsecured materials fall from scaffolding onto the public sidewalk below. A pedestrian walking past the construction site is struck by falling debris, sustaining serious injuries. The site had overhead protection installed, but materials were stored on scaffolding platforms without proper securing measures.

Georgia Law

Workers’ Compensation Construction Coverage

Georgia Code § 34-9-11.1(a): “Any principal contractor, intermediate contractor, or subcontractor engaged in the performance of work on a construction site who contracts with any subcontractor engaged in the performance of work on a construction site shall require such subcontractor to submit satisfactory proof that such subcontractor has workers’ compensation insurance coverage.”

General Negligence Standard

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Obstruction of Public Ways

Georgia Code § 16-11-43(a): “A person commits the offense of obstructing highways, streets, sidewalks, or other public passages when he renders any highway, street, sidewalk, or other public passage impassable without unreasonable inconvenience or hazard and fails or refuses to remove the obstruction after receiving a reasonable official request or the order of a peace officer that he do so.”

Nuisance

Georgia Code § 41-1-1: “A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.”

Conclusion

The scenario describes a pedestrian injured by falling debris from a construction site in Macon, Georgia. Georgia Code § 34-9-11.1 addresses construction site insurance requirements. Georgia Code § 51-1-2 establishes the general duty of care. Georgia Code § 41-1-1 addresses nuisances. These statutes establish the framework for construction site manager liability under Georgia law.

FAQ

Q: What does Georgia Code § 34-9-11.1 require of construction contractors? A: Georgia Code § 34-9-11.1(a) requires contractors to “require such subcontractor to submit satisfactory proof that such subcontractor has workers’ compensation insurance coverage.”

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: How does Georgia Code § 41-1-1 define a nuisance? A: Georgia Code § 41-1-1 defines a nuisance as “anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.”

Q: Where are construction safety laws found in the Georgia Code? A: Construction-related laws are found in Georgia Code Title 34, Chapter 9, and general safety laws in Title 51.

Q: Does Georgia Code § 16-11-43 apply to construction sites? A: Georgia Code § 16-11-43(a) addresses obstructing public passages “without unreasonable inconvenience or hazard.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.