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Fatal Falls on the Job and the Employer’s Failure to Protect Worker From Fall Risk

 September 14 – 18, 2020: National Fall Safety Stand Down Campaign

Construction workers understand that they work in one of the nation’s most dangerous industries, and that each day they risk serious injury or death in a variety of ways.  There are risks of motor vehicle accidents, electrocutions, chemical burns, and injuries caused by working with machinery or equipment that can crush a human body (struck by or caught in-between). 

However, as we have warned before, a primary danger facing a construction worker in Indiana or Illinois is the risk of a fatal fall while on the job.  See:  

Specifically, construction workers face a high risk of dying at a work site in a fall from an elevated height.  In 2018, over a third of all construction fatalities in this country (33.5%) were the result of what the Bureau of Labor Statistics describes as a “fall from elevation.”

Sadly, safety experts acknowledge these workers have died in a preventable accident.  Fatal falls do not have to happen on the job.  These tragedies are avoidable.

September 2020: Fall Safety Stand Down Campaign

This week (September 14 -18), the Occupational Safety and Health Administration (OSHA), along with Illinois’ own National Safety Council (NSC) and other concerned agencies and private safety advocates are once again spotlighting this construction industry danger with OSHA’s annual Fall Safety Stand Down Campaign.

The National Institute of Occupational Safety and Health (NIOSH) explains that this effort began back in 2012, as the National Campaign to Prevent Falls in Construction led by NIOSH, OSHA and the Center for Construction Research and Training.  Employers are asked to spend time and money in educating their employees on how to keep safe from a fall on the job site through workshops as well as posting materials, sharing videos, and otherwise spreading the word that falls can be deadly.  Resources can be found online, provided as a free service to employers by OSHA.

This year’s campaign has a three-prong message: “Plan, Provide, Train:  Three Simple Steps to Preventing Falls.”

Campaign is Clear:  Employer Has Duty to Keep Worker Safe From Falls on the Job Site

The Campaign warns that the duty of keeping workers safe on the job from the deadly danger of a fatal fall lies squarely with the employer.  The company’s duty of care extends not only to having safety plans and training protocols, but also providing the right equipment for working at higher level and keeping that equipment in good repair. 

From OSHA: 

  • Contractors and workers can plan together, before every job, to work safely at heights.
  • Contractors must provide the right equipment for working at heights, and workers need to use that equipment.
  • Contractors and workers need to be trained to use the equipment and to work safely.

OSHA Directives to Employers: Keep Your Workers Safe

OSHA goes into even more specifics on its website, advising employers of their legal duty to protect against worker falls by doing the following (quoting OSHA):

PLAN ahead to get the job done safely

When working from heights, employers must plan projects to ensure that the job is done safely. Begin by deciding how the job will be done, what tasks will be involved, and what safety equipment may be needed to complete each task.

When estimating the cost of a job, employers should include safety equipment, and plan to have all the necessary equipment and tools available at the construction site. For example, in a roofing job, think about all of the different fall hazards, such as holes or skylights and leading edges, then plan and select fall protection suitable to that work, such as personal fall arrest systems (PFAS).

PROVIDE the right equipment

Workers who are six feet or more above lower levels are at risk for serious injury or death if they should fall. To protect these workers, employers must provide fall protection and the right equipment for the job, including the right kinds of ladders, scaffolds, and safety gear.

Use the right ladder or scaffold to get the job done safely. For roof work, if workers use personal fall arrest systems (PFAS), provide a harness for each worker who needs to tie off to the anchor. Make sure the PFAS fits, and regularly inspect it for safe use.

TRAIN everyone to use the equipment safely

Every worker should be trained on proper set-up and safe use of equipment they use on the job. Employers must train workers in recognizing hazards on the job.

NSC Urges Other Industries to Recognize the Danger of Fatal Falls

While construction workers are proven to face a tremendous danger of dying in a fall while on the job, it is also true that this risk is not limited to a single industry.  The NSC is urging employers in agriculture, manufacturing, transportation, and any other industry that involves working from a height to take the opportunity this week to participate in the Fall Safety Awareness Campaign.

According to the National Safety Council, falls are the second leading cause of workplace death across all industries in this country, not just construction, surpassed only by highway accidents.

Legal Claims after Death in Fall on the Job in Illinois or Indiana

Employers in Indiana and Illinois today, no matter the size of the company, should know their duties of care and safety for their employees and how the worker has a right to a job site that is free of known dangers, specifically the danger of a fatal fall from a height. 

This is true for every business that employs people to work for it in any industry in Indiana and Illinois.  As the NSC advises, fatal fall risks face those who are working construction in our part of the country as well as those who are earning a living on our farms (agriculture industry), in our factories (manufacturing), and on our rails, shipyards, and loading docks (transportation). 

This week’s Fall Safety Awareness Campaign is important because it reminds employers and workers alike of the need to better protect employees who are risking their lives in order to help employers boost profits. 

Fatality statistics make it tragically obvious that employers are failing in their legal duty to keep workers safe from fatal falls while on the job.  Too many people are dying each year from falls, in what is tragically deemed “preventable accidents.”

Employers in Indiana and Illinois – and particularly those in the construction industry – have a legal responsibility to have workers who are not only well trained in fall safety, but who work with well-maintained fall protection equipment against falling.  The companies are also legally mandated to monitor work sites for fall safety and to take all necessary steps to remove fall hazards and dangers. 

For more, see:

As long as businesses decide that profits are more important than people, employees are going to die from work site injuries while on the job, contributing to that profit margin.  State laws in both Indiana and Illinois work to help these workers and their loved ones to find justice in the aftermath.  Please be careful out there!

 

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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