Window Washer Gets $8M Settlement

Orbe's safety belt (seen on the sidewalk in front of the Council on Foreign Relations building) most likely saved him from being impaled as he fell, according to court papers. Click to enlarge.

Window washer gets $8M settlement for Upper East Side plunge: Faby Del Orbe suffered several fractures and fell into a coma for three weeks when he fell from the Council on Foreign Relations building on Park Ave. in September 2012, according to court papers.

The Council on Foreign Relations has paid an $8 million settlement to a Brooklyn window washer who plunged four stories from the venerable institution’s landmark building on the Upper East Side, the Daily News has learned. Faby Del Orbe had hooked his safety harness to the exterior anchors of a fourth-floor window of the Harold Pratt House on East 68th St. at Park Ave. on Sept. 1, 2012.

When Del Orbe leaned back to do his job, the anchors came loose, causing the worker, then 28, to fall more than 30 feet. He struck an iron fence on the way down — but his nylon webbed belt absorbed the brunt of that impact, preventing him from being impaled. Still, Del Orbe suffered fractures of the vertebrae, pelvis, rib and heel and was in a coma for three weeks, according to papers filed in Brooklyn Supreme Court.

A lawyer for the Council on Foreign Relations blamed Del Orbe for failing to check the window anchors, and also a contractor for removing the interior bolts several months earlier while installing a plexiglass cover over the window to keep out drafts. The contractor “didn’t advise the council that they have done so and in fact no one was aware that the bolt was cut until Mr. Del Orbe attached himself to it,” lawyer Lisa Fitzgerald argued in court papers.

Del Orbe was required to inspect the integrity of the window anchors he was hooking onto before washing, she said. That didn’t fly with a judge who found the council was liable, leading to the settlement reached last month.

Del Orbe’s lawyer Scott Rynecki said the window washer, a married father, can no longer work due to permanent injuries. “This settlement hopefully will send a message to building owners that they have an obligation to inspect all safety devices in their buildings so workers are properly protected,” Ryneck said. The Council on Foreign Relations, which declined to comment, is an independent think tank and publisher. Its board members include several former cabinet members, including Colin Powell and Robert Rubin.

Faby Del Orbe said the window anchors failed at the E. 68th St. building in September 2012.

Idiot Window Cleaner Of The Day

Hanging Out on Park Avenue: Upper East Side - Tough times on Park Avenue? A tipster spots sight more curious on the Gold Coast, adding, "They have resorted to rigging-less window washing dangled on ledges. Professional or homeowner? Click to enlarge.

Falling At Work From A Low Height Can Be As Dangerous As Falls From Height: A recent case where a worker was injured falling from just 10 feet has highlighted the dangers of low level falls. Most people assume that falling from above five metres will result in serious injury, but it is often assumed that falling from a lower level will not result in anything other than a few bumps and bruises. But this recent case, where a worker suffered head and rib injuries falling from a racking storage unit he was assembling, has brought home the truth of the matter - even a low level fall can cause serious injury.

The company was fined £10,000 and ordered to pay costs of over £7,500 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. The court was told that there was no edge protection to prevent a fall and consequently the man suffered broken ribs and head injuries.

It drives home the fact that companies cannot afford to be complacent about 'quick jobs' at any height. Whenever any worker is required to work at height, employers need to be aware that there must be adequate protection around the edges of raised areas to warn of the dangers and prevent falls. It is something that is easily implemented and could easily save both money and lives. Falls from height still constitute the biggest number of injuries at work every year, particularly in the building trade. And while employers are very aware of the risks involved when working at heights above five metres, lower level working is often regarded as 'not that much of a risk'. This is completely the wrong attitude to adopt, as any fall, even from a low level carries the risk of injury or even death.

The HSE have made it very clear that they will not accept any excuses for injuries sustained from falls from any height. Employers have a duty of care and a responsibility to protect workers in every aspect of their working environment, whether that's 30 feet up a ladder or 10 feet on a racking storage unit. The truth is that any fall can lead to an injury and if there hasn't been adequate safeguards installed by the employer, they are leaving themselves wide open to an injury at work claim for compensation. There is always a risk working at any height, but safety measures to minimise the risk should always be employed, no matter how 'silly' it may seem. Although working at 10 feet probably won't require the use of a harness, for example, it certainly requires that the employer protect the worker's health and safety by ensuring that there are adequate edge guards in place to prevent a fall.

The human body doesn't take impacts very well. It is easy to cause serious damage from a low level fall, and the HSE is concentrating on making employers and employees aware of the risks. On average, 13 people die every year as a result of falling from a ladder, and nearly 1,200 are seriously injured. And that's just from ladders - what could be considered as 'low level' falls. It's up to employers to ensure that number is reduced through the implementation of fundamental and very basic safety measures. Those who suffer as a result of any lapses in that duty of care are fully justified in pursuing a compensation claim for injuries sustained with the full force of the law.

In 2008/2009 over 4000 major injuries were caused by falls from height at work. You may think that you are doing everything you can to prevent falls from height at work but everyone could do more. This site offers advice and information for both workers and employers to help you stay safe.

Heights/Falls from Height: This page gives details of safety issues around working at height and how to assess and reduce the risks. This page also gives details of legal duties and obligations around working at height and links to further information.