Residential construction is flourishing in the Hoosier State, with the Indiana Builders Association (“IBA”) reporting the total number of single-family dwelling building permits in 2021 as the highest it has been in over a decade (since 2006). Also, a February 2022 economic impact study compiled by the IBA together with the National Association of Home Builders (“NAHB”) confirms the residential construction industry is a “key player” in today’s Indiana economy.
“We anticipate 2022 will be another robust year for the residential construction industry,” explains IBA President Paul Schwinghammer.
For Indiana construction workers, more residential construction comes as great news for the pocketbook. However, for safety agencies and advocates for construction workers who are hurt or killed in a residential construction accident, the Indiana economic boom in residential construction comes with legitimate concerns that there may be a correlated increase in residential construction accidents here.
Why? Residential construction work sites are notoriously dangerous and sometimes, deadly.
What is the Difference Between Residential and Commercial Construction?
Within the construction industry, “commercial” and “residential” are independent branches with their own particular characteristics, needs, and risks. Residential construction involves the planning, building, and completion of projects intended for residential use, i.e., where people will live.
Residential Construction
Residential construction projects can be very large and complex, such as condominiums or single-family subdivisions. They can also be very small, as for example a home kitchen renovation or the addition of an extra bedroom to an existing house.
As a general rule, residential construction involves a general contractor working with a chosen team of construction professionals. Sometimes subcontractors are involved for things like masonry or other special needs. In residential construction, wood (timber) is likely to be used with shingle roofing and relatively simple electrical and plumbing plans. Residential equipment needs may include scaffolds, ladders, and assorted electrically-powered tools and devices.
Residential construction projects cost less than commercial construction projects, and take less time to complete.
Commercial Construction
Compare this with commercial construction, where large projects such as school campuses, shopping malls, or factories are built. There may be several construction contractors involved, as well as architectural and engineering firms. A Project Manager may be necessary to coordinate all the professionals, tradesmen, and workers who are simultaneously involved on the job site. Steel and concrete are used much more often than wood. The size of these projects entails complex electrical and plumbing systems. Equipment needs in a commercial construction site will involve lots of heavy machinery and equipment, such as large cranes, hoists, dump trucks, and forklifts.
Finally, not only will building code requirements be more complicated and stricter for commercial projects than for residential construction, but there will likely be different permits required by the local authorities.
Specific OSHA Standards for Residential Construction
The Occupational Safety and Health Administration (“OSHA”) has compiled a set of federal regulations and workplace safety standards designed to protect construction workers in this country, including those working residential construction. See 29 CFR §1910 and 29 CFR § 1926.
Also read: Compliance Guidance for Residential Construction. STD 03-11-002, (June 16, 2011); Inspection Procedures for Enforcing Subpart L, Scaffolds Used in Construction – 29 CFR 1926.450-454. CPL 02-01-023, (January 07, 1997); and Compliance Directive for Fall Protection in Residential Construction. Notice 75:80315, (December 22, 2010).
- For more on how the federal OSHA guidelines correspond with the OSHA-approved state plans of Indiana and Illinois, read our discussion in Workplace Safety and OSHA Regulations in Indiana and Illinois.
Residential Construction Worker: Hazards and Dangers on the Job Site
Recognizing that residential construction workers have less regulatory protections than their commercial construction counterparts due to less stringent building codes, OSHA has prepared a list of specific hazards facing residential construction workers on their job sites which, if not addressed by the employer, can result in severe and catastrophic bodily injuries or death.
Both residential construction employers and their employees should be aware of these risks on the residential worksite before work commences. Employers need to recognize their legal duties to the residential construction workers to take all reasonable and prudent steps to minimize, mitigate, or remove these risks.
These include the following:
- Confined Spaces in Residential Construction, see OSHA Fact Sheet (Publication 3914) (June 2017);
- Electrical Safety for Residential Construction Workers, see OSHA Publication 3075 (Revised 2002);
- Fall Accidents in Residential Construction, see OSHA Fact Sheet (December 2010);
- Hand and Power Tools, see OSHA Publication 3080 (Revised 2002);
- Personal Protective Equipment (PPE) for Residential Construction Workers, see OSHA Publication 3151 (2004) and OSHA Fact Sheet (April 2006);
- Scaffolding in the Construction Industry, see OSHA Publication 3150 (Revised 2002); and
- Stairways and Ladders, see OSHA Publication 3124, (2003).
Accident Claims for Residential Construction Worker Injuries
Sadly, construction workers on a residential construction site will be seriously injured, sometimes fatally, because of preventable accidents on the job. When a residential construction worker in the State of Indiana is hurt at work, then that accident victim may have legal redress under a variety of state laws. These include:
- Workers’ Compensation
- Personal Injury / Negligence
- Product Liability / Defective Product
- Indiana Wrongful Death Statutes.
The residential construction worker hurt in a worksite accident has the right to investigate the incident to determine the causes of the event, and the extent of legal liability involved. Sometimes, several parties may have a legal responsibility to answer for what has occurred, and multiple claims can be pursued by the residential construction worker and his loved ones at the same time.
For instance, not only may the worker’s employer be legally liable but also the site owner; assorted contractors; architects; engineers; manufacturers; distributors; and companies responsible for the repair and maintenance of the job site or its machinery and equipment.
For more, read:
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Residential Construction Workers & Greater Danger of On the Job Injuries
- Industrial Accidents in Indiana and Illinois: Serious Injury or Death on the Job.
Construction workers in the State of Indiana who contribute to our booming residential construction industry deserve to go to work at a construction site where they can feel safe from the danger of being seriously hurt or killed on the job. Unfortunately, history confirms that employers all too often will fail to meet their legal duties of care and safety, putting profits over people, with tragic consequences. Please be careful out there!
