Are roofers reluctant to follow rules?

BUFFALO, N.Y. (WIVB) - It can be a dangerous and deadly job, but new roofing safety standards are creating costly problems of their own.

They are not afraid of heights. And they don't mind working with their hands, but no roofer wants to fall.

“You don't have to fall 20 feet to get hurt,” said injured roofer Wayne Boivin.

On average, 40 roofers are killed each year in the U.S. as a result of falls from residential roofs. 100,000 others are severely injured.

Veteran roofer Wayne Boivin of Buffalo fell in 2005, and herniated multiple discs in his lower back and neck. He is still unable to work.

“The scaffolding I was on let loose and I slipped off,” said Boivin.”Simple things, a lot of guys enjoy, cutting the lawn, I can't do any of that. I can't walk for extended periods of time.”

Boivin and his attorney, Stephen Ciocca of Cellino & Barnes, are strongly urging residential roofers to comply with the Occupational Safety and Health Administration's new safety rules that took effect only a few weeks ago.

Employees working six feet or higher must now use guardrails, nets or a personal fall arrest system.

Injured Roofer's Attorney Stephen Ciocca said, “We see a lot of roofers just starting out and all of a sudden it's over for them.”

Ciocca said, “And the unfortunate thing is that people don't realize and people are not being protected and they should be protected.”

The personal fall safety system looks like this. Sales have been steady at Dival Safety.

Dival Safety Equipment Director of Retail Operation Wylie Davidson said, “They're going to need a harness. A lifeline. A rope grab and some anchor.”

Davidson said, “The biggest reason they're doing it is the number one cause is falls, causing death.”

But in my surprise visits to various job sites, no roofers were rigged in any harness.

The gear is costly, at least $150 per roofer, and some believe it poses an even greater hazard.

One roofer said, “You can trip up. The harness lines causes you to trip up and that's why we don't use them now.”

There are other concerns, too.

“Well it impacts us in a way that slows us down,” said a roofer.

A roofer said, “These guys don't fall. They haven't worn harnesses for years. I don't get why we have to wear them now.”

But Boivin thinks roofers would comply, if their bosses start to make safety a priority.

“The boss is putting them in a position get the job done.” Boivin said, “It's definitely going to take some extra time.”

“But if it saves you, it's worth it,” said Boivin.

Ciocca said, “If it takes you a little extra to hook up, it takes extra time to put harness on, think about what can happen if you don't.”

“I think it would save a lot of people from injuries.” Boivin said, “It would have saved me from hitting the ground.”

Boivin said, “And I wouldn't have hit my back.”

Violators face hefty fines in the thousands of dollars, but there is a grace period.

Roofers will have up to six months to comply. To read the new rule, 1926.501(b)13, click here.