Working construction is perilous and sometimes deadly. Nationally, the Occupational Safety and Health Administration (“OSHA”) warns that one in every five workplace fatalities in this country involves an on-the-job accident at a construction site. In fact, construction ranks as the most dangerous job in the State of Indiana. For details, read our earlier discussion in What Is The Most Dangerous Job in Indiana and Illinois?
There are all kinds of injury hazards facing workers on any commercial or residential construction site. Some will vary depending upon the project itself; ironworkers on a huge office tower project may face different dangers than residential carpenters, for instance.
However, one of the most commonplace risks that construction workers will likely face on any construction site will involve the use of power tools. Power tools, along with hand tools, are used every day across our local construction sites.
Power tools can cause severe or life-threatening bodily injuries for construction workers. These risks are well-known and regulated. Construction company employers and others in possession or control of aspects of the worksite will have legal duties of care and safety for all workers on the site regarding each and every power tool on the premises.
Who Has the Duty to Protect Construction Workers from Power Tool Injuries?
There are legal regulations in place that are specific to the construction industry that have been adopted by OSHA and that apply here in Indiana and Illinois. These safety standards apply to more than one company at work on the site; as OSHA explains, no employer who performs any part of a construction contract shall require any employee to work in surroundings or under conditions which are (1) unsanitary, and/or (2) hazardous, and/or (3) dangerous to health or safety. 29 §CFR 1926.20(a)(1).
Many different entities and individuals on a construction site have a legal duty to watch out for power tool hazards and remedy them before someone gets hurt. Contractors, subcontractors, suppliers, and more may share legal liability in the event of a power tool accident.
The OSHA construction safety regulations apply to:
- All contractors who enter into contracts which are for construction, alteration, and/or repair, including painting and decorating. 29 CFR §1926.10(a).
- All subcontractors who agree to perform any part of the labor or material requirements of a contract. 29 CFR §1926.13(c).
- All suppliers who furnish any supplies or materials, if the work involved is performed on or near a construction site, or if the supplier fabricates the goods or materials specifically for the construction project, and the work can be said to be a construction activity. 29 CFR§ 1926.13(c).
- The controlling contractor assumes all obligations under the standards, whether or not he subcontracts any of the work. 29 CFR §1926.16(b).
- To the extent that a subcontractor agrees to perform any part of the contract, he assumes responsibility for complying with the standards with respect to that part. 29 CFR §1926.16(c).
- With respect to subcontracted work, the controlling contractor and any subcontractors are deemed to have joint responsibility. 29 CFR §1926.16(d).
For how our state-approved OSHA plans coordinate with federal regulatory agency, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
What are the Safety Regulations for Power Tools on Construction Sites?
Within the general safety standards for the Construction Industry (29 CFR §1926) are specific regulations that apply specifically to power tools and define the legal duties of care and safety upon which our local construction workers should be able to rely. They include the following:
- 29 CFR 1926.300, General requirements
- 29 CFR 1926.302, Power-operated hand tools
- 29 CFR 1926.303, Abrasive wheels and tools
- 29 CFR 1926.304, Woodworking tools
- 29 CFR 1926.305, Jacks-lever and ratchet, screw, and hydraulic
- 29 CFR 1926.306, Air receivers
- 29 CFR 1926.307, Mechanical power-transmission apparatus.
Power Tool Dangers on the Construction Sites of Indiana and Illinois
Sadly, the reality is that power tools can cause serious and permanent injuries to construction workers, including amputation. There is also an unacceptable risk that on-the-job incidents in Indiana or Illinois will cause the death of the worker from injuries sustained from a power tool.
Severe power tool injuries are often the result of a mishap involving a circular saw, drop saw, or grinder, where the construction worker is injured, perhaps fatally, by a blade or disc. Other catastrophic injuries involving power tools on a construction site can be caused by electric shock where the worker is seriously burned or fatally electrocuted.
Those with a legal duty of care and safety on the construction site should be doing the following, among other things, to make sure that construction workers are safe from power tool accidents:
1. Training Workers in the Use of Power Tools
All workers need to be properly trained in how to use each power tool on their worksite, and to understand the consequences of trying to adapt the wrong power tool for the task at hand. They should know how to report any dangers or risks they discover with an unsafe power tool and how to turn it in for repair or replacement.
Kickbacks
Construction workers need to be educated on the risks of kickback and other site hazards. Kickbacks can cause severe bodily injuries in mere seconds, should the grinder or saw grab at the material being cut and shove it back toward the worker with great force.
Run Down Times
Workers should be informed about the run-down time for any power tool available for their use on the site. Run-down times vary with different power tools; this is the amount of time that it takes for the saw, etc., to come to a stop after the worker has discontinued use (e.g., taking finger off the trigger of the machine). Power tools that are still alive can cause serious harm to the worker who has not waited for the tool to run down.
2. Proper Site Housekeeping and Maintenance
The worksite must be inspected as often as necessary to make sure that footpaths and flooring are kept clear of debris including doing mundane chores like periodic sweeping of sawdust, etc. If there is a storm, then work may need to be stopped until the site is cleared for power tool hazards like wet surfaces or puddles on floors or work paths.
Power outlets on the site should have safety switches; otherwise, a portable RCD box should be available to the construction worker wanting to use a power tool.
3. Power Tool Inspection and Maintenance
All power tools must be inspected to make sure they are in good working order. Frayed wiring can kill, for instance, and should be repaired by a certified electrician.
Every power tool on the site should be routinely checked to make sure it is safe to use. It should function as described in the manufacturer’s instructions. Maintenance should be undertaken, such as sharpening saw blades as necessary, since a blunt blade can jam and cause injury.
4. Providing Right Power Tools for the Worker
Those with control of the site have a duty not only to provide tools for the job, but to give the construction workers the appropriate equipment to get the work done. Each worker should be given the right power tool to do the tasks assigned to them.
Power tools on the construction site should be provided with the manufacturer’s instruction manuals available in case there are questions in use. They should be safely stored on the site and routinely inspected to make sure they are in good working order. Guards should never be removed from a power tool; these safety devices may save a life.
5. Providing Personal Protective Equipment (PPE) for the Worker
Construction workers also need to be given the appropriate personal protective equipment (“PPE”) for working with each power tool. This will usually involve eye, hand, and hearing protection. It may also involve things like respirators or dust masks to avoid inhalation of sawdust.
Power Tool Accidents and Construction Worker Injury Claims in Indiana and Illinois
In Indiana and Illinois, any construction worker seriously or fatally injured in a worksite accident involving a power tool may have legal claims for recompense to pursue against their employer and any others who have failed in their legal duty of care to protect that worker from harm. These legal claims may be based upon duties defined under federal law as well as the state laws of Indiana and Illinois.
Construction worksite safety laws and regulations for power tools may provide avenues for justice for both the worker and their families, including medical expenses, lost wages, rehabilitation costs, and more.
For more, read:
- Personal Protective Equipment and Serious Industrial Accidents
- Electrical Injuries and Electrocution Accidents on the Construction Site
- Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
- Residential Construction Accidents in Indiana
- Trade Stacking Construction Accidents: The Danger of Overcrowded Job Sites
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.
Workplace safety is an established priority in both federal law and the state statutes of Indiana and Illinois. Nevertheless, construction workers go to work each day with an unacceptably high risk of being severely injured or killed on the job. Please be careful out there!
