Construction workers in Indiana and Illinois, as well as the rest of the country, face an unacceptably high risk of death on the job from bodily injuries sustained in a fall on the construction site. For details, read “How to Protect Workers from Falls from Height,” written by Nicole Stempak and published in EHS Today on May 3, 2022, and Deadly Construction Fall Accidents in Illinois and Indiana.
Falls remain one of the most common and well-recognized dangers facing all workers in the United States; however, falls pose the greatest fatality risk for anyone working in the construction trades. In response, both state and federal legislation mandates employers take all reasonable and prudent steps to try and protect workers from falls in the workplace.
These are obligations established by law, and they cover a variety of responsibilities. The failure to comply with these legal obligations can result not only in a severe or fatal injury in a construction fall but in financial liability to the accident victim by those parties who breached the duties of care and safety which caused the accident.
1. Employer Has a Duty to Evaluate the Construction Worksite for Fall Risks
Before any construction worker enters the jobsite and work begins on a construction project, the employer has a duty to evaluate the particular situation for fall risks. Architects, engineers, contractors, project managers, etc., will all have expertise that helps in analyzing the particular dangers created in the plans and specifications of a construction project as well as in the building process itself.
For example, all project work areas should be planned with the proper structural support necessary to handle the weight of a work crew moving about on a daily basis. As the project moves forward, working surfaces must be evaluated for hazards that may endanger workers and cause a fall (e.g., wet surfaces from rain or snow, improperly secured scaffolds, etc.).
In fact, during the course and scope of the project, the duty to continually monitor against fall risks on the worksite exists for all those who have a legal responsibility for the project and the property.
For more, read the requirements established by federal regulation in 29 CFR §§1926.501, 502.
2. Employer Has A Duty to Provide Fall Protection Equipment for Construction Workers
Alongside the duty to understand the risks facing construction workers on a particular jobsite, the employer has a responsibility to understand the different types of safety equipment available for construction workers and to provide the proper fall protection devices for each worker that best suits the particular fall hazards they will face on the job. See, e.g., 29 CFR §1926.502.
Each project will have its own individual fall dangers and require individualized assessment by the employer of the specific fall protection equipment that best serves to protect workers from harm.
Fall Protection Systems
Construction fall protection systems are designed to protect work crews from fall hazards on the site. The particular project will dictate the exact fall protection systems that are required to be provided by the employer. Additionally, the construction employer must fit the worker fall protection systems to the particular project while complying with overall legal requirements.
There are general, overall duties established by law; as for example, all residential construction should meet the requirements of 29 CFR §1926.501(b)(13), which provides as follows:
Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.
General Fall Hazard Protections
- Guardrail Systems – 29 CFR 1926.501(b)(2)(i)
- Safety Net Systems – 29 CFR 1926.502(c)
- Personal Fall Arrest Systems – 29 CFR 1926.502(d)
- Warning Line Systems – 29 CFR 1926.502(f)
- Controlled Access Zones – 29 CFR 1926.502(g)
- Safety Monitoring Systems – 29 CFR 1926.502(h)
Specific Fall Hazard Protections
- Leading Edges – 29 CFR 1926.501(b)(2)
- Hoist Areas – 29 CFR 1926.501(b)(3)
- Holes – 29 CFR 1926.501(b)(4)
- Ramps, Runways, and Other Walkways – 29 CFR 1926.501(b)(6)
- Excavations – 29 CFR 1926.501(b)(7)
- Dangerous Equipment – 29 CFR 1926.501(b)(8)
- Leading Edges – 29 CFR 1926.501(b)(2)
- Overhand Bricklaying and Related Work – 29 CFR 1926.501(b)(9)
- Roofing Work on Low-Slope Roofs – 29 CFR 1926.501(b)(10)
- Roofing Work on Steep Roofs – 29 CFR 1926.501(b)(11)
3. Employer Has a Duty to Provide Training and Worker Education on Construction Fall Risks
Finally, a construction employer has a legal responsibility not only to understand the fall hazards of a specific worksite and the corresponding fall protection equipment needed to keep workers safe on the job, but there is also a duty to provide training to the construction workers on the fall dangers on that site and how to keep safe.
Under the law, construction workers are entitled to fall protection training from their employers on things like how to recognize a fall hazard on the site, how to minimize the risk of falling at work, and how to use and work with any personal protection equipment and fall protection systems provided by the employer. 29 CFR §1926.503(a)(1).
Training must be provided by someone who is competent and qualified in things like:
- The nature of fall hazards in the work area. 29 CFR 1926.503(a)(2)(i).
- The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used. 29 CFR 1926.503(a)(2)(ii).
- The use and operation of controlled access zones; guardrail, personal fall arrest, safety net, warning line, and safety monitoring systems; and other protection to be used. 29 CFR 1926.503(a)(2)(iii).
- The role of each worker in the safety monitoring system when the system is used. 29 CFR 1926.503(a)(2)(iv).
- The limitations on the use of mechanical equipment during the performance of roofing work on low-slope roofs. 29 CFR 1926.503(a)(2)(v).
- The correct procedures for equipment and materials handling and storage and the erection of overhead protection. 29 CFR 1926.503(a)(2)(vi).
- The role of workers in fall protection plans. 29 CFR 1926.503(a)(2)(vii).
Construction Fall Accidents and Employer Liability in Indiana and Illinois
All those who earn a living working construction here in Indiana and Illinois have a right to expect they are working on a jobsite that provides as much protection as possible from any type of personal injury on the job – and especially from the recognized highest risk of fatal injury, which is a fall accident.
Construction workers have a right to depend upon their employers and all those with rights and powers over the worksite to protect them against fall hazards with all reasonable and prudent measures at their disposal. Unfortunately, companies have not been willing to do this on their own which has resulted in extensive legislation demanding fall protection be provided by employers for construction workers in our country.
Sadly, even with these extensive legal duties imposed upon employers, statistics confirm that our construction workers still face unacceptably high dangers of death on the job in a construction site fall.
When these tragedies occur, the worker’s loved ones should be aware of their legal avenues for justice in the aftermath of a deadly construction fall.
Workers’ compensation, wrongful death, personal injury, and product liability laws may apply to the incident where the construction employer and/or others in control of the site have breached legal duties of safety and care regarding fall protection on the construction site. Legal claims may also be available against third parties who may have legal liability for defective equipment, vehicles, or machinery or for any fall protection equipment that was improperly repaired or maintained.
For more, read:
- Construction Fall Accidents in Indiana or Illinois: Great Danger of Fatal Injury in a Fall on the Job
- Personal Protective Equipment and Serious Industrial Accidents
- Legal Protection for Construction Workers from High Risk and Danger of Serious Injury or Death on the Job.
There is an outrageously high risk of a lethal fall facing construction workers in Indiana and Illinois today regardless of the established legal duties of fall protection imposed upon their employers. Please be careful out there!
