While all employers in Indiana and Illinois are legally mandated to provide a safe workplace for employees on the job, the extent of this responsibility varies greatly depending upon the type of work involved. Office environments, for instance, are not as inherently dangerous as oil refineries, loading docks, or construction sites.
Industrial workplaces are the most dangerous places anyone can work in our part of the country.
When employers fail in their duty to keep an employee safe at an industrial worksite, the risk is high that the worker will suffer permanent injuries (e.g., brain injury, spinal cord injury, amputation) or will die as a result.
For more on an employer’s duty to keep employees safe on the job, read:
- Serious or Fatal Slip and Fall Injuries: The Employer’s Duty of Care
- Employers’ Duty to Protect Workers during Coronavirus Outbreak
- When Workers Die Because of Employer’s Willful Violation of Safety Laws: New Indiana Statute
- Employer Liability for Distracted Driving Accidents in Indiana or Illinois
- OSHA’s Top Ten Serious or Willful Violations of Worker Safety Laws
What is an Industrial Accident?
Industrial accidents happen when there has been a failure in the employer’s management or oversight of industrial safety on the job site. The particular requirements to keep workers safe in an industrial setting will depend upon the particular circumstances of the job as well as the general operations of that industry. While Merriam-Webster Dictionary defines “industrial accident” as “an accident in a factory,” any injury to a worker on a job site that requires some form of safety protection from the site’s inherent dangers can be considered an “industrial accident.”
Industrial safety failures by the employer can result in workers being hurt or killed in an industrial accident.
Generally speaking, industrial accidents are the result of a failure to provide industrial safety in one of the following areas (as defined by Safeopedia):
- General Safety –aspects of safety which are common to all industries
- Occupational Safety– those aspects of safety particularly associated with the occupation
- Process and Production Safety
- Material Safety
- Workplace Safety – Safety issues directly related to the workplace setting
- Fire Safety
- Electrical Safety – Arising from the equipment used
- Building and Structural Safety – Including installations as per existing building code
- Environmental Safety – Concerns the direct and indirect environmental impact of the industry.
Regardless of the industry involved, there are certain recognized standards that will be met by employers who care about their workers and implement proper and prudent industrial safety programs on their job sites. These include:
- Training of employees regarding safety on the job that meets or exceeds legal minimums;
- Employee training upon hiring as well as continuing, periodic safety training;
- Strict company policies regarding wearing safety gear on the worksite;
- Company policy to provide appropriate safety gear on the job site;
- Posted reminders for workers and supervisors regarding wearing of safety gear on the job;
- Encouraging workers to contribute to safety policies and procedures through membership in safety plans, incentives, rewards, or bonuses for worker contributions to safety plans or protocols;
- Repairing and maintaining safety gear for employees with regular and routine gear checks;
- Upgrading safety gear for employees as new technologies or products are made available; and
- Company relationship with industry experts to understand current safety protocols and equipment available for workers.
See, “5 Things the Safety Industrial Facilities Have in Common,” written by Graeme Murphy and published by Safeopedia on May 29, 2017.
Industries in Indiana and Illinois
Of course, the particular safety practices an employer should implement to keep workers safe will depend upon the type of work involved in that operation. Different industries face different dangers.
Top Industries in Indiana
According to the Indiana Economic Development Corporation (IEDC), “Indiana is home to the orthopedics capital of the world and the world’s second-largest automotive industry. We’ve developed the most university supercomputing capacity of any United States campus, and we’re leading the nation in manufacturing jobs creation.”
The IEDC reports that the top industries employing Hoosiers in the State of Indiana are:
- Advanced Manufacturing (including the automotive industry)
- Aerospace and Aviation
- Agriculture
- Cybersecurity
- Defense and National Security
- Energy
- Life Sciences
- Logistics and Transportation
- Technology.
Top Industries in Illinois
The Illinois Department of Commerce (IDOC) states that “Illinois has the most diverse economy in America, and we have the fifth highest GDP in the nation. 34 Fortune 500 companies have made Illinois home, thanks to our world-class infrastructure, well-educated workforce, thriving technology and innovation ecosystem, and central location with easy access to global operations.”
The IDOC lists the following six industries for “targeted growth in Illinois”:
- Advanced Manufacturing (including the automotive industry)
- Agribusiness and Food Processing
- Transportation Distribution and Logistics
- Life Sciences and Biotechnology
- Business and Professional Services
- Energy.
Industrial Accident Injuries: Protection is Work Site Specific
Those working in an industrial workplace should expect their employers to undertake a great deal of care to make sure they are safe while going about their daily job duties. In both Illinois and Indiana, industrial workplaces require more effort to keep workers safe because industrial workplaces have a higher risk of serious injury or death for workers. This also includes spending more money (and generating less bottom-line profit) in order to keep people safe on the job.
Example: PPE for Car Maker Employee
The IEDC reports that 1 in 5 Hoosiers work in the advanced manufacturing industry, for instance. Workers in auto assembly plants for Honda, Subaru, and Toyota in Indiana, as well as Ford and Fiat Chrysler in Illinois should expect safety plans and protocols that speak to specific dangers involved in the car manufacturing process.
The personal protective equipment for someone who contributes to the manufacture of cars, trucks, or SUVs in an Indiana or Illinois plant should be designed with their specific safety needs in mind.
For instance, these workers do their jobs in environments where they may be exposed to chemicals or fires as well as heavy lifting and dangerous machinery on a daily basis. Accordingly, employees in an auto assembly plant should expect personal protective equipment that includes eye goggles or face shields; foot protection; machine guards; and helmets.
Example: PPE for Farm Workers
There are over 10,000 agribusinesses operating in Indiana, and around 110,000 Hoosiers are employed in the farming industry here. The Illinois Department of Agriculture data shows over 72,000 farms in Illinois, covering over 75% of the state’s total land area. Farming is big business in both Indiana and Illinois.
Workers in our local agricultural industry deserve to be protected from harm while on the job, and their needs vary greatly from those employed inside a car manufacturing plant.
For farm workers, personal protective equipment should include things like goggles and chemical gloves for tasks involving crop-protection chemicals or anhydrous ammonia as well as respirators with independent air cylinders and chemical resistant clothing when working with pesticides; and eye shields when operating chainsaws or grinders; steel-toed shoes; and fall-protection gear.
Claims for Serious Injury or Death in an Industrial Accident
For those who are seriously injured or killed while on the job in an industrial accident, the state laws of Indiana and Illinois provide avenues for justice not only for the injured victim but his or her loved ones, as well.
State personal injury, product liability, workers’ compensation, and/or wrongful death statutes may place legal liability on the employer as well as other third parties (such as contractors on the job site, manufacturers or distributors of equipment or machinery, etc.) for the consequences of their failure to meet a legally defined duty of care which led to the serious or deadly accident.
For more on industrial accidents in Indiana and Illinois, read our discussions of various industry issues, including:
- Farming Accidents in Indiana and Illinois: Small Farm Fatality Dangers
- Accident Dangers for Indiana Agricultural Workers: Farming, Fishing, Hunting, Forestry
- Amputation Injuries from On-the-Job Work Accidents in Indiana or Illinois
- Grain Industry Mill Workers Face Great Dangers of Injury or Death on the Job: Explosions, Suffocation are Real Risks
- Trucking Industry and Northwest Indiana: Big Money and Big Danger for Drivers on Indiana Roads
- Railroaders: Railroad Accidents on the Job in Illinois and Indiana
- How Safe are Hoosiers at Work: Workplace Dangers Increase for Indiana Mines
- Workplace Injuries And Most Dangerous Industries: 2015-2016 OSHA Workplace Injury Report
- Dirty Dozen Report: No Surprise the Most Dangerous Workplaces are Extremely Profitable Companies
- OSHA Inspectors Had Not Checked West Fertilizer Company for 20+ Years Before Big Texas Workplace Explosion: Proves Workers Cannot Assume Your Workplace is Safe Just Because OSHA Oversees It
If you or a loved one has suffered serious harm in an industrial accident, it is vital to know if a breach in the legal duty of care and safety contributed to that injury and its consequences. Please be careful out there!
