The safety of workers on the job in Indiana, Illinois, and the rest of the nation is protected in great measure by federal legislation passed over fifty years ago entitled the Occupational Safety and Health (OSH) Act of 1970 (29 USC 654(a)(1))(“OSHA”). Through OSHA, Congress recognizes that all employees in this country have the basic right to do their job in a workplace free of safety and health dangers and hazards.
OSHA’s General Duty Clause
Of particular importance is OSHA Section 5(a)(1), which is commonly referred to as its “general duty clause.” This provision of OSHA mandates that all employers in this country must “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
If an employer in Indiana or Illinois fails to meet this duty of care and safety to protect workers on the job and as a result someone is hurt or killed in a work accident, the employer may be held liable for their employees’ resulting illness and injuries.
Safety Regulations and Employee Rights to a Safe Workplace
OSHA created the federal Occupational Safety and Health Administration (“Federal OSHA”) to implement its provisions, which include the setting of safety standards in the form of federal regulations, as well as providing safety information and training to both employers and employees on particular workplace safety issues. See, e.g., the May 2022 National Stand-Down to Prevent Falls in Construction Week.
OSHA also provides legal rights to employees in this country regarding their right to expect safe working conditions, which includes things like employer-provided safety training; employer-provided safety systems and personal protective equipment; and employer oversight of workplace hazards and responsibility for the removal or minimizing of all job site dangers. For more, read Construction Fall Accidents: Employer’s Duties to Provide Fall Protection for Construction Workers.
The OSHA State Plans of Indiana and Illinois
Each state has the option to develop its own individual workplace safety oversight. Both Indiana and Illinois have chosen to do so, as well as twenty (20) other states. See, OSHA Map of State Plans.
Federal OSHA oversees these state plans pursuant to Section 18(f) of OSHA. Under Section 6 of OSHA, the federal government has the power to promulgate, modify, or revoke occupational safety and health standards. If there is a conflict between state and federal standards, the federal standards will be enforced.
For employers in Illinois and Indiana whose specific duties regarding the safety and health of their workers are covered by a State Plan, the duties of care demanded of them by the State Plan must be at the minimum of those defined in the federal regulations.
From OSHA: “State Plans are monitored by OSHA and must be at least as effective as OSHA in protecting workers and in preventing work-related injuries, illnesses and deaths.”
Illinois State Plan
The Illinois State Plan, formally supervised by the Illinois Occupational Safety and Health Division (“Illinois OSHA”), a part of the Illinois Department of Labor, was approved by the federal government in 2009 (see 29 CFR 45114). It covers state and local government workers and imposes a unique recordkeeping rule on all these state and local government employers. The Federal OSHA has authority over all federal government workers in the State of Illinois, as well as private sector employers.
Indiana State Plan
The Indiana State Plan, formally managed by the Indiana Occupational Safety and Health Administration (“IOSHA”), is part of the Indiana Department of Labor and has been approved by the federal government (see 29 CFR 1952.17). It covers (1) most private sector workers, (2) all state and (3) local government workers in the Hoosier State.
The Indiana State Plan adopts all federal OSHA standards and regulations except for the Indiana excavations work safety standard.
Claims for Justice When Workplace Safety Regulations Fail to Stop Worker Accidents
In Indiana and Illinois, workers who are seriously or fatally injured while on the job because their employer failed in the legal duty of care to protect them from harm may have legal claims to present to that employer. These duties are defined under federal law as well as the state laws of Indiana and Illinois.
These OSHA workplace safety laws and regulations may provide avenues for justice to both the worker and their families for the consequences of their work accident, including medical expenses, lost wages, rehabilitation costs, and more, by defining the workplace safety duties and how they were breached in the particular incident.
For more, read:
- Deadly Construction Fall Accidents in Illinois and Indiana
- Demolition Accidents and the Risk of Severe Worker Injury or Death on the Job
- Hot Work Industrial Accidents in Indiana and Illinois: Employer’s Duty of Care
- Lone Workers: Employer’s Duty of Care
- Hoist Accidents and the Danger of Serious or Fatal Work Injuries
- Lockout Tagout Accidents in Indiana and Illinois: Employer Liability
- Haz Mat Semi-Truck Accidents in Indiana and Illinois: The Dangers of Hazardous Materials Being Hauled on our Roadways
- 2021 Top Ten List of OSHA Safety Violations: Known and Unresolved Accident Dangers Facing Workers Today
- NSC Safety Experts Warn of Dangers Facing Workers in the OSHA Top Ten List of Violations.
Workplace safety is an established priority in both federal law and the state legislation of Indiana and Illinois. Nevertheless, each year an unacceptable number of workers in our part of the country are seriously hurt or killed from bodily injuries sustained in a work accident caused by a breach in the employer’s duty of care and safety. Please be careful out there!
