Demolition safety is the topic of an article published this week by internationally-renown Illinois safety agency, the National Safety Council (“NSC”). It delves into the injury risks presented on construction sites where demolition work is required. Read, “Demolition work: A look at the hazards,” by Alan Ferguson and published by Safety+Health on March 27, 2022.
The NSC’s key points, as they regard the construction industry, are as follows (quoting from the article):
- Failure to perform an engineering survey is one of OSHA’s most frequently issued citations related to its standard on preparatory operations for demolition. The findings of the survey need to be in writing.
- A Job Safety Analysis, also known as a job hazard analysis or task hazard analysis, provides another way to help keep demolition workers safe.
- The location of a demolition project may determine whether additional measures are needed to protect adjacent structures and/or other people near the jobsite.
Of course, a great many construction projects in Indiana and Illinois will require some amount of demolition in order to complete the work. Large undertakings, like multi-story office buildings, school campuses, or highway roadwork may necessitate a significant amount of demolition. However, even small residential construction projects may need to have parts of the home (concrete flooring, ceilings, walls, etc.) dismantled and removed from the site before the new construction can commence.
The extent of demolition work being done each day in our part of the country cannot be underestimated. Making sure that demolition workers are safe on the job is extremely important on all our construction sites.
The Demolition and Deconstruction Industry
In fact, certain businesses operate exclusively to provide demolition services in Indiana, Illinois, and elsewhere in the country. This is the growing demolition and deconstruction industry. In fact, the National Demolition Association (“NDA”) describes itself as “the voice of the demolition industry” with over 400 companies in its membership.
Demolition Is Heavily Regulated at Every Level of Government
According to the NDA, demolition contractors are highly regulated at the local, state, and federal levels. It is considered to be one of the most regulated aspects of any construction effort. This is because demolition projects can involve unique dangers where the workers must deal with structures suffering from things like:
- Fire damage
- Weather damage (wind, snow, ice, sun, etc.)
- Structural failure
- Structural deficiency
- Hazardous materials (e.g., silica)
- Toxic substances (e.g., asbestos).
See: Silica Injuries in Indiana and Illinois: Rising Danger from Deadly Work Exposure to Industrial Sand; and Asbestos Exposure Still Happens – Indiana Supreme Court Helps Mesothelioma Victims.
At the federal level, 29 CFR 1926 -Subpart T regulates demolition operations. It is an extensive piece of federal safety law. State regulations include those explained by the Indiana Department of Environmental Management: “construction and demolition (C&D) debris is produced during new construction, renovation, and demolition of buildings and structures. The U.S. produces millions of tons of C&D debris each year. Construction and demolition waste is defined in 329 IAC 10-2-37 [PDF] as ‘solid waste resulting from the construction, remodeling, repair, or demolition of structures.’…. Accordingly, demolition projects in the Hoosier State will have to obtain inspection permits or safety licensure from several different departments, e.g.: (1) the Office of Air Quality for asbestos safety; (2) the Office of Land Quality for waste disposal; and (3) the Office of Water Quality for land disturbance of one or more acres.
Cities and counties may also have demolition regulations that must be followed at any local demolition. The City of Chicago, for instance, has its Construction and Demolition Site Waste Recycling Ordinance which any construction contractor or demolition expert must obey for Chicago-area projects.
Demolition Dangers and the Employer’s Duty of Care and Safety
Construction demolition is very dangerous for every worker at the workplace, from the time that the demolition preparations begin until after the demolition is completed and the potentially hazardous debris and waste has been collected, removed, and relocated from the site. Legally, employers and those responsible for the site property and its operations have a tremendous responsibility to keep all these people safe from harm from all demolition risks at all times.
Of key importance here: the extensively regulated legal duties of care and safety designed to protect workers against the dangers of demolition exist whether or not a recognized demolition company is involved or if a small construction contractor has opted to do the work internally with its own demolition crew.
Even a residential remodeling, for instance, may involve dangers like asbestos exposure, fall risks, and machinery hazards in the smallest of demolition jobs. That employer must meet the same legal duty of care and safety to its workers as the largest and most sophisticated expert demolition enterprise.
Legal duties of care and safety exist for demolition hazards that include:
- Bodily injuries resulting from explosive blasts necessary for destruction in demolition (force itself; flying projectiles; flames; etc.);
- Risk of falls that can be catastrophic or deadly from scaffolds, cranes, or platforms necessary in the demolition process;
- Struck by incidents involving falling materials, tools, or debris during the demolition itself;
- Crushing injuries during the use of machinery or equipment needed in the demolition (such as welders, jackhammers); and
- Inhalation injuries from toxins released during demolition (including asbestos and silica).
Workers need to know that on any construction site where demolition is required, those companies responsible for their employment and for the work site itself are legally mandated to protect against these risks in all sorts of ways.
This includes things like:
- Having a plan in place for the demolition that meets current safety standards (referenced as a “job safety analysis” in the above-mentioned NSC article);
- In larger demolition projects, having a written engineering survey completed;
- Inspecting the site immediately before work begins for any unexpected hazards and removing them;
- Having a specific safety protocol in place for each phase of the demolition process;
- Educating all workers on the risks associated with demolition as well as safety measures to be followed as company policy;
- Having an emergency plan in place should an accident happen during demolition;
- Having safety protections on site, such as fire extinguishers; alarms; and warning signs, flags, etc. in advance of demolition; and
- Providing employees with personal protective equipment (PPE) that is specific to the demolition work involved. This should include head protection (see 29 CFR 1926.100); hearing protection (29 CFR 1926.101); eye and face protection (29 CFR 1926.102); and respiratory protection (29 CFR 1926.103).
Claims for Justice After Serious or Deadly Demolition Accident in Indiana or Illinois
When someone suffers bodily injury during any demolition work here in Indiana or Illinois, both that accident victim as well as their loved ones may have avenues for justice to pursue under state and federal law.
Demolition injuries may be the result of a failure in legally established duties of care and safety that will make the employer, as well as other parties including contractors, site owners and operators, and product manufacturers responsible for monetary damages resulting from the incident. These claims may involve coverage of medical expenses, rehabilitation costs, lost wages, and more; in the event that the demolition accident victim perishes as a result of physical injuries, then funeral expenses, lost future earning capacity, and other damages may also be provided under the law.
For more, read:
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers
- Fatal Construction Work Accident: Injuries from Being Struck By Object
- Explosives and Fire: Workplace Explosion Accidents
- Construction Falls: Scaffolds and Ladders Can Cause Serious Accidents
- Crane Accidents: Catastrophic Injuries and Fatalities in Indiana and Illinois
- Heavy Machinery Accidents in Indiana and Illinois.
Demolition work is a daily event in Indiana and Illinois. No matter the size of the demolition project, any worker on the jobsite is protected from harm by long established legal duties placed upon the employers and others in control of the demolition site. Sadly, all too often these duties are breached through company neglect or a conscious decision to place profits over people when safety becomes expensive. Please be careful out there!
