According to the Occupational Safety and Health Administration (“OSHA”), the leading cause of death for construction workers in this country is a fall from an elevation, accounting for over a third (38%) of construction fatalities recorded in 2019 (citing Bureau of Labor Statistics data). These deadly falls, in most instances, would have been prevented if proper and recognized safety practices and safety protections had been in place on the job site.
For more, read:
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers; and
- Construction Worker’s Risk of Dying on the Job Jumps 41% According to New Report.
Most construction worker deaths caused by a fatal fall are preventable accidents caused by the failure to protect the employee with proper safety protections.
How to keep construction workers safe from a serious or deadly fall is not a mystery. Employers in the construction industry have clear guidance and understanding on the practicalities of keeping workers safe on the job site from a slip and fall or trip and fall incident. There are federal regulations and safety standards that detail fall prevention and protection, such as 29 CFR Part 1926, Subpart M. There are also industry educational programs, safety seminars, and national safety campaigns including this month’s 2021 National Safety Stand-Down to Prevent Falls promoted by the Centers for Disease Control and Prevention (“CDC”).
Safety Measures for Construction Workers to Protect Against Fatal Falls
Construction workers in Indiana and Illinois should be protected against the risk of a fall accident on the job by their employers, with different safety measures in place depending upon the circumstances and the task at hand. Anyone working at least six feet (6′) above the ground is at risk of dying in a fall and should be equipped with the appropriate fall protection.
The absence of these safety measures on the work site, or the failure of these fall safety measures to be in good working order and implemented as intended, can be construed as a violation of the employer’s legal duty of care and safety.
According to the Department of Labor, employers can protect workers against deadly falls with “three simple steps,” defined as:
- Plan ahead to get the job done safely;
- Provide the right equipment; and
- Train everyone to use the equipment safely.
Ways to Provide Construction Site Safety Against Fatal Falls
Construction workers on commercial or residential construction sites are to be provided with particular safety equipment designed to protect against bodily harm should they lose their footing. These are recognized construction site safety measures that employers should understand and implement where necessary to keep workers safe from a slip and fall or trip and fall. They include:
1] Personal Fall Arrest System
For roofers and those working at a height, it is important that they are provided by their employer with a properly fitted personal fall arrest system (PFAS). The worker should be given several things as part of his or her PFAS:
- Full body harness;
- Lifeline (horizontal, vertical);
- Lanyard;
- Connector; and
- Anchorage Point capable of supporting 5000+ lbs.
2] Positioning Device System
For construction workers needing to work on a vertical surface (think the side of a tall building), a Positioning Device System (“PDS”) should be provided. This involves either a body belt or body harness rigged to allow the worker to undertake their tasks on the wall from a height without needing their hands for support (working hands free).
3] Safety Net System
To protect workers involved on work sites at a height, a Safety Net System (“SNS”) can be implemented by the employer. This is a safety measure that protects the crew as a whole, where nets are placed as close as possible under the work area so any worker that were to fall would safely land in the net and not continue falling to the hard surface below.
4] Warning Line System
Another safety measure that protects the working crew as a whole is the Warning Line System (“WLS”), which the employer places around the roof edges to create a safeguard against a worker falling who comes close to the edge of the work site. These systems can be made up of ropes or wire lines that are installed around the circumference of the work area.
5] Guardrails and Covers
Commonplace safety measures designed to protect against falls on the work site also include Guardrails and Covers. Guardrails can be top rails (39- 45 inches above the floor) or mid-rails (21 inches above the floor), and they can be made of wire or synthetic rope. Top rails have to be ready to withstand the force of 150 lbs. in protecting a construction worker against a fall injury.
Covers include the traditional “manhole cover” in a street as well as site covers that protect against a worker falling in any type of hole on the site. They must be extremely strong: covers must be able to bear at least twice the maximum axle load of the largest motor vehicle expected to be on the site as well as at least twice the weight of workers, equipment, etc. that may be at the location. They should be secured so they are not easily lifted or moved.
Fatal Falls Suffered by Construction Workers in Indiana and Illinois
For construction workers and their families in our part of the country, the state laws that apply to the construction site will control the ability of the victims and his or her loved ones to seek justice from those who are legally liable for the fall incident on the work site.
Illinois and Indiana laws provide avenues for justice based upon workers’ compensation and wrongful death statutes as well as negligence and product liability. Employers who fail to meet their duty of safety and care on a construction site may be legally responsible for the fall accident and its aftermath, including damages for medical expenses, lost wages, lost earning capacity, and more.
If investigation of the case reveals that a contributing factor to the fatal accident involved a defective product or part, or a failure to repair or maintain site equipment, then other contractors as well as manufacturers and suppliers may also have legal liability for the fatal fall.
For more, read:
- Construction Fall Accidents in Indiana or Illinois: Great Danger of Fatal Injury in a Fall on the Job
- Construction Accidents: Hurt or Killed Working Construction in Indiana or Illinois
- Construction Worker’s Danger of Being Hurt or Killed on the Job: High Risk and Little Protection
- Legal Protection for Construction Workers from High Risk and Danger of Serious Injury or Death on the Job.
Construction workers face extremely dangerous conditions each and every day on the job, and deserve to be protected by their employers from known hazards like the high risk of a fatal fall from a height of six feet or more. Sadly, all too often profits are placed over people in the workplace with horrific results. Please be careful out there!
