Construction workers face so many dangers in their high-risk workplaces, it may be surprising to learn that the most dangerous tool on the construction site is not a fancy piece of machinery or a power tool like a nail gun, but instead the basic, simple, and commonplace ladder. Ladders are very dangerous and if not properly respected, maintained, repaired, and used, they can be deadly.
Of course, ladders can be found dotted throughout most construction sites, from the smallest residential remodel to a huge commercial construction project and even a variety of highway infrastructure (e.g., bridges) worksites in Indiana and Illinois. Workers use them every day, and have for centuries. Historians tell us that ladders may have first been used over 10,000 years ago, and of course a ladder is mentioned in the Bible as part of Jacob’s dream. Read, A History of the World: Ladders by the British Broadcasting Corporation (“BBC”).
Why are they considered to be the most dangerous tool on the worksite? It’s obvious. Ladders are dangerous because anyone who uses a ladder runs the risk of falling from it.
It is known that falls are the reason for most construction fatalities. According to the Center for Construction Research and Training, fall accidents are “the top cause of construction fatalities” and “… account for one-third of on-the-job injury deaths in the industry.”
How deadly is the ladder? The Department of Energy confirms ladders are the reason for almost half (43%) of the reported construction fall fatalities.
Safety Standards and Regulations of Ladders
Recognizing that ladders are inherently dangerous, legal safety laws as well as established industry standards have been formed to help keep construction workers safe on the job site from the controllable hazard of severe ladder accidents. Construction duties of care regarding ladder safety may apply to several different employers on that project. For more, read our discussion in Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
OSHA Regulations for Ladder Safety
Federal safety regulations for ladders are found in 29 C.F.R. 1926.1053 as overseen by the Occupational Safety and Health Administration (“OSHA”). These are safety laws that must be followed by employers and others in possession or control of the construction site. In Indiana and Illinois, enforcement will be supervised by our state-approved OSHA agencies. See, Workplace Safety and OSHA Regulations in Indiana and Illinois.
OSHA also provides numerous interpretations of these regulations for clarification, such as the February 2004 explanation that [p]ortable ladders not extending 3 feet above upper landing must be secured.
Employers in Indiana and Illinois must follow these OSHA safety regulations whenever any worker uses any type of ladder on the worksite. The failure to do so can form the basis of an allegation that there has been a breach in the duty of care should there be a serious or fatal ladder injury on the job.
Industry Standards for Ladders in the Workplace
There are also recognized industry standards to be respected as approved by the American National Standards Institute (“ANSI”). Industrial safety minimums are researched, drafted, and adopted within the industry itself.
As explained by the American Ladder Institute (“ALI”):
ALI is the American National Standards Institute (ANSI) approved developer of safety standards for the ladder industry. Standards are technical specifications which prescribe rules governing the safe construction, design, testing, care and use of various types of ladders. Standards are developed on a 5-year renewal cycle; Subcommittees exist for each standard which are comprised of industry experts. Conformance to ALI standards is voluntary; ALI does not approve or endorse any product.
Current Ladder Industry Standards:
- A14.1 – Portable Wood Ladders – 2018
- A14.1 Errata
- A14.2 – Portable Metal Ladders – 2017
- A14.3 – Fixed Ladders – 2008
- A14.4 – Job Made Ladders – 2018
- A14.5 – Reinforced Plastic Ladders – 2017
- A14.7 – Rolling Ladders – 2011
- A14.8 – Requirements for Ladder Accessories – 2020 (NEW)
- A14.9 – Disappearing Attic Stairways – 2019
- A14.11 – Stepstools – 2018.
These industry standards do not have the force of law. Employers do not have to read these industry standards and follow them or face legal penalties. However, in the face of a severe or deadly ladder fall injury on the worksite, the failure to follow well-respected ANSI standards can support allegations of employer negligence.
Ladder Characteristics: Load, Height, Type of Work
Different types of ladders have different “duty ratings” which define how much of a load that tool can handle. Ladders also vary by the type of work they are designed to do, and the height they are to accommodate.
Construction workers are owed a duty of safety and care where they are provided not only (1) the proper type of ladder for the task at hand, but (2) a ladder that has been inspected and is in good working order.
1. Duty Ratings
Each ladder on a construction worksite will have its own individual duty rating that stipulates the maximum weight in pounds that should be allowed on the tool. This is a combined weight of any worker who steps on the ladder as well as any materials, power tools, etc. For example, a construction worker who weighs 275 pounds should never be asked to use a ladder with a 225-pound maximum duty rating.
There are five (5) different duty ratings for ladders in this country. They are:
- IAA – 375 lbs.
- IA – 300 lbs.
- I – 250 lbs.
- II – 225 lbs.
- III – 200 lbs.
2. Ladder’s Designed Work
Different ladders are designed and manufactured to help construction workers with various tasks on the job site. There are extension ladders; trestle ladders; stepladders; stairwell ladders; and more.
For instance, for anyone working near live wires or electrical current, or even electric wiring, there are fiberglass ladders designed to protect the workers from electrical burns or electrocution with nonconductive components. An obvious breach in the duty of care to a construction worker would be to provide the worker with an aluminum ladder for any work within ten (10) feet of any type of electrical source, which might be a temptation since fiberglass ladders may be more costly.
3. Height of the Ladder
Different ladders are sold with the ability to reach different heights. No construction worker should be asked to climb a ladder that is not long enough to properly protect that worker from harm on the job. Ladders should be tall enough so that the construction worker is not going to need to stand any higher than the second rung from the top of the ladder, and never on the top rung. The duty of care and safety means that a worker must be given a ladder of adequate height.
Inspection, Maintenance, Repair, and Replacement of Ladders on the Construction Site
No matter the size or scope of the construction project, the construction worker is also owed the duty of having all ladders on the worksite being in good working order. Employers and others with possession or control of the site have legal responsibilities to inspect all tools, especially ladders, before work begins each day to make sure things are copacetic. Read, Workplace Housekeeping and Serious Accidents on the Job: Duty of Care.
Ladders must be inspected to make sure their condition is acceptable for use. No part of a ladder should be loose. Nothing should be rusty. The structure itself should be solid: if the ladder leans, for instance, then it is not to be used by a worker.
Construction Worker Ladder Accidents in Indiana and Illinois
Any construction worker in Illinois or Indiana that falls victim to a serious or fatal fall from a ladder on the jobsite has legal avenues for justice available under state law, and in some instances, pursuant to federal statute. Ladder deaths may have legal relief under our worker’s compensation systems as well as the wrongful death laws of Indiana and Illinois.
Each severe or deadly ladder accident on a construction site should be individually and independently investigated from the victim’s perspective to determine the reasons for the accident. In some situations, facts may be discovered that form the basis of legal claims against not only the employer but third parties, based upon worker’s compensation as well as our defective product laws, premises liability, or other negligence law.
Construction workers in Illinois and Indiana must be aware of the dangers they face with any ladder provided to them for use on the job. The fall fatality statistics that show almost half of all construction fall deaths are the result of ladder accidents cannot be ignored.
For more regarding the dangers of ladders on the worksite, read our earlier discussions in:
- Construction Falls: Scaffolds and Ladders Can Cause Serious Accidents
- Falls From Ladders Hurt Thousands of Workers on the Job: New Phone App Aims to Help Reduce Risk of Worker Ladder Injuries
- Ladder Accidents: The Very Real Danger of Death from Falling off a Ladder on the Job.
The risk of a catastrophic ladder accident on a construction site here in Indiana and Illinois is much higher than many may realize. Ladders are very dangerous. They are the most dangerous tools on any construction site. Please be careful out there!
