These hazards are well-known to the industry and require housekeeping and warning procedures to minimize exposure to pedestrians. To establish constructive notice, it is necessary to show that the company knew the hazard's potential, recognized conditions under which the hazard would develop, and recognized the consequences of the worker or public falling victim to the hazard. Most company safety programs are designed to assist personnel in identifying such hazards. Establish knowledge of the hazard through interrogatories and depositions. Where the hazard is common to the industry, argue that the company should have known of the potential hazard, conducted reasonable inspections, and effected maintenance procedures that would have identified the hazard in time to take the necessary precautions to abate it.
Many workplace hazards arise from the activity of the plaintiff or others.
Some jobs have a substantial risk of injury and require special precautions in order to safeguard the worker. The recognition of the special hazard and attendant precautions can be used to establish constructive notice on behalf of the employer. For example, there is no question that a steel worker setting I-beams on the 54th floor of a new office building is exposed to some very special risks and hazards. In recognition of these risks, construction companies, trade unions, developers and government safety enforcement agencies have adopted rules and regulations that, if followed, substantially reduce the risk of injury. The mere existence of the specific rules and regulations indicates that the hazard is foreseeable.