The High Risk of Fatal Ladder Accidents at Work in Indiana and Illinois
Ladders have been known to man for many centuries: archeologists discovered a 10,000 year old cave painting of a ladder in Spain, for instance; and there is the famous description of a ladder ascending from earth to heaven in the Bible (Jacob’s dream in Genesis 28:10-19). Given their use since ancient times, it is sad that ladders are everyday tools that remain indispensable and dangerous, even deadly.
Fatal Falls: Ladder Accidents at Work
More and more workers are dying from workplace accidents, succumbing to bodily injuries sustained while on the job. According to the Bureau of Labor Statistics (BLS), this tragic trend continues in Indiana, Illinois, and the rest of the country with BLS latest figures (December 2019) showing the highest number of worker deaths since 2008.
For more, read “Work Accidents: Dangers of Serious or Fatal Injuries on the Job Because Safety Costs Too Much.”
Fatal falls on the job kill more workers than any other type of incident other than motor vehicle accidents. Of particular concern are those falls in certain industries, like construction, where falls from ladders are one of the leading causes of death.
Duty of Care: Ladders on the Job
All too often, workers are given tools to use on the job that may not be properly repaired or maintained. There are also instances where the product’s inherent design is defective, posing a danger to the user.
Maintenance and Repair of Ladders on Work Site
Companies and contractors have a duty to inspect any ladder that is provided on the job site. It is easy enough for the supervisor to learn proper care of the ladder: these instructions are provided with the tool’s owner’s manual.
Any worker who uses a ladder that is in need of repair and gets hurt from a fall off that ladder as a result, may have a legal claim for a breach of the duty of care.
Failures in repair or maintenance of ladders used on the job include:
- Spreader bar on the ladder is missing.
- Spreader bar on the ladder does not have a locking device.
- Spreader bar on the ladder has a non-working locking device.
- Ladder is missing a step.
- Ladder has a loose step.
- Ladder is missing a support beam.
- Ladder has a loose support beam.
- Ladder (metal) is bent in some way that prevents solid footing.
- Ladder (wood) is deteriorating (warped, rotting) in some way (steps, rails, etc.).
Ladders: Defective Products
Ladders, in their basic form, may be tools used over the centuries but this does not keep manufacturers from trying to design a better “mousetrap.” Ladder innovations continue to debut in an attempt to make easier-to-use and safer ladders for workers on the job.
Unfortunately, there are periodic Ladder Product Recalls issued either by the government, or the manufacturer, or both. This is because these new, innovative ladders are sometimes defective and hazardous in their design.
An example of a recent national ladder recall is the recall of almost 80,000 ladders by Werner Ladders of five models of its aluminum telescoping ladders, which the company warned “ …can break while in use, posing a fall hazard to the user.”
Dangerous ladders are (and will continue to be) developed and sold for use in the marketplace by the ladder companies.
Many times, it is only after thousands of the defective items have been bought and are in use that the defective product is recognized to carry a high risk of serious bodily injury or death. Recalls then result.
Whether or not the recall notice is enough to prevent defective ladders from being the cause of a worker’s death is another matter. Employers and contractors have a duty to pull recalled products from the job site.
Federal Regulation: Ladder Safety
There are laws on the books to try and prevent fatal ladder accidents on the job; for instance, CFR 1926.1053 establishes the federal standards for ladders on worksites. These include the following, for example:
1926.1053(a)(2): Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when the ladder is in position for use.
1926.1053(a)(4)(i): The minimum clear distance between the sides of individual-rung/step ladders and the minimum clear distance between the side rails of other fixed ladders shall be 16 inches (41 cm).
1926.1053(a)(6)(i): The rungs and steps of fixed metal ladders manufactured after March 15, 1991, shall be corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize slipping.
1926.1053(a)(13): The minimum perpendicular clearance between fixed ladder rungs, cleats, and steps, and any obstruction behind the ladder shall be 7 inches (18 cm), except in the case of an elevator pit ladder, for which a minimum perpendicular clearance of 4 1/2 inches (11 cm) is required.
1926.1053(a)(17): Fixed ladders without cages or wells shall have a clear width to the nearest permanent object of at least 15 inches (38 cm) on each side of the centerline of the ladder.
1926.1053(b)(3): Ladders shall not be loaded beyond the maximum intended load for which they were built, nor beyond their manufacturer’s rated capacity.
1926.1053(b)(4): Ladders shall be used only for the purpose for which they were designed.
1926.1053(b)(5)(iii): Fixed ladders shall be used at a pitch no greater than 90 degrees from the horizontal, as measured to the back side of the ladder.
1926.1053(b)(6): Ladders shall be used only on stable and level surfaces unless secured to prevent accidental displacement.
Compliance with these ladder regulations is required, as well as compliance with other state and federal ladder safety mandates. Failure to do so can establish a company’s liability in the event of a fatal ladder fall on the jobsite.
On the Job Ladder Injury Claims in Indiana and Illinois: Worker Ladder Falls
Any victim of a serious or fatal fall from a ladder while on the job in either Indiana or Illinois has been provided legal avenues for justice for both the worker-victim and his or her surviving loved ones. Ladder deaths may be covered by the individual worker’s compensation system established under the state laws of Indiana and Illinois. For some workers, their legal claims for ladder injuries may need to be filed pursuant to federal law, because of their particular line of work.
Ladder claims may be asserted outside of worker’s compensation laws, as well. There are instances where ladder accident claims are pursued under defective product laws, as well as premises liability or other state negligence law.
Each ladder accident must be given individual consideration in order to determine which legal remedies apply to the particular case (state; federal; workers’ compensation; etc.).
Workers in Illinois and Indiana need to be alert to the deadly danger that ladders bring to the workplace. Falls from a ladder can kill, particularly if the ladder is defective in its design or has not been properly repaired or maintained.
The rising trend in worker fatalities is a warning to all of us that employers and contractors in Indiana, Illinois, and the rest of the nation continue to ignore worker safety precautions. Please be careful out there!
