For some industries here in Illinois and Indiana, there is no closing time. Workers come and go in shifts as operations never stop. Examples here include our local steel mills; warehouses and distribution centers; maritime and freight operations; and manufacturing plants.
Of course, working in shifts can prove hazardous for workers and those at work with them, since shift work is known to cause worker fatigue. Tired or fatigued workers face a greater risk of harm in an on-the-job accident.
For more, read Shift Work Accidents: Fatigue Dangers and Workplace Impairment.
Shifts are Defined by the Employer
There is no set standard for a work shift, and different companies may set up their shift schedules in different ways. Industrial needs as well as company management preferences will decide the work schedules offered to employees on their particular job site.
Types of Work Shifts
Working a night shift at one company may mean starting work at 8:00 pm and finishing at 5:00 am (usually called a “night shift”) while others working after the sun has set will start work at midnight and finish at 8:00 am (known as a “midnight shift”). There are also evening shifts (3:00 am – 11:00 pm or 4:00 pm – 12:00 am).
Complicating things even more are the employers that ask workers to work on “rotating shifts,” where they may work a set number of days on the day shift and then flip on their schedules to working after dark. Also, workers can be required to come in over the weekends on a “weekend shift,” or to work “split shifts” where they work a few hours during the day and then return to the job hours later, in the late afternoon or evening.
For more, read: “Work Shifts: What is the Best Employee Work Schedule Type?” written by Benjamin McBrayer and published by Factorial on October 3, 2023.
Increasing Number of Work Accidents On Work Shifts After Sunset
No matter the type of shift schedule implemented by the employer, the risk remains the same that the shift worker is in danger of working impaired because they are tired, fatigued, or sleepy.
In fact, the Occupational Safety and Health Administration (“OSHA”), warns employers that sleep disruptions are the primary reason for worker fatigue in work-related accidents. According to OSHA, the rate of workplace accidents are 18% higher during evening shifts and 30% higher during night shifts.
The Dangers of Shift Work Sleep Disorder
The human body is not designed to work after the sun has set. There is the worker’s “circadian rhythm,” where internal drives naturally require the human being to sleep when it is dark. Shift work contradicts this natural desire to sleep during the night and can lead not only to tired workers on occasion, but the more serious hazard of Shift Work Sleep Disorder.
What is Shift Work Sleep Disorder?
Shift Work Sleep Disorder (“SWSD”) is a recognized medical condition, where there is an imbalance of the body’s circadian rhythm and its internal homeostatic sleep drives. Read, “Shift Work Disorder: When and How to Shift Workers’ Gears,” written by Kimberly Sapre, DMSc, PA-C, CAQ-EM, and published by Clinical Advisor on December 20, 2021.
SWSD is defined by the Cleveland Clinic as:
a circadian rhythm sleep disorder that commonly affects people who work nontraditional hours outside the “regular” 9 a.m. to 5 p.m. workday. This could involve overnight, early morning or rotating shifts.
SWSD causes difficulties adjusting to a different sleep/wake schedule, which results in significant issues with: sleeping when you want; staying asleep; unwanted sleepiness.
Dangers of SWSD
One of the biggest concerns for safety agencies and those advocating for work accident victims and their loved ones are the two main symptoms of SWSD, which are (1) insomnia, where the worker cannot get enough rest; and (2) hypersomnia, where the worker becomes extremely sleepy at unwanted times, usually while on the job.
There are additional risks that SWSD brings to the workplace, too. These include workers who have SWSD problems involving:
- Brain fog or difficulty staying focused;
- Confusion or inattentiveness on the job;
- Emotional hazards such as irritability, surliness, impatience;
- Lethargy or lack of energy or pep to get tasks done; and
- Migraines or headaches.
Left unrecognized or untreated, the worker suffering from SWSD poses a risk of work-related injuries that can be life-altering or fatal not only for that worker but for fellow workers and others on the jobsite.
This is a widespread problem for shift workers across many industries. SWSD is reported to impact as much as 40% of those workers on nontraditional shifts or working on shifts after sunset.
SWSD: Employers’ Duty of Care
It is the duty of employers in Illinois and Indiana to keep their workers safe from harm while on the job, contributing to the revenues and profits of the operation. It is imperative that any employer imposing a shift work schedule that mandates a worker on the job after sunset understand and protect against Shift Work Sleep Disorder.
Employers should understand the dangers that imposing shift schedules creates and educate management and supervisors on these risks. Workers and supervisors should be trained to know the signs of a shift worker becoming tired or fatigued, as well as for more SWSD symptoms that include confusion, sleepiness, slowed reaction times, or irritability.
For more, read What is the Employer’s General Duty Clause? and Lone Workers: Employer’s Duty of Care.
Furthermore, employers must be ready to help shift workers who may be suffering from SWSD with things like:
- Changing their work schedule;
- Changing the shift schedules overall; and
- Providing medical care and treatment for SWSD that includes things like bright light therapy.
This can include recognized SWSD strategies such as:
- Lowering the number of night shifts that a worker can work consecutively;
- Maximizing night shifts, evening shifts, or midnight shifts to five consecutive shifts with interspersed days off during this work schedule;
- Requiring at least 48 hours off between any string of shift work after sunset;
- Limiting the number of rotating shifts for all workers;
- Provide coffee and tea (caffeinated drinks) for those working after dark to help with alertness on the job; and
- Have places for workers to catch a nap after they complete their shift, in case they are too tired to get behind the wheel and drive after coming off their after-dark shift work.
The failure of employers to take SWSD seriously can result in horrific workplace accidents where a great many people are severely injured or killed. Researchers attribute SWSD as a cause of such notorious work catastrophes as the nuclear reactor meltdown at Three Mile Island and the grounding of the Exxon Valdez oil tanker. Read, “Asleep at the Assembly Line: Shift Work, Sleep Deprivation, and Industrial Accidents,” written by Ronald D. Schaible and published in Robson Forensic on January 14, 2015.
SWSD Dangers of Working After Sunset: Shift Worker Accidents in Indiana or Illinois
Anyone who works an alternative shift here in our part of the country needs to know the real risk they face from Shift Work Sleep Disorder. For those on the job when most of us are asleep, there is a danger of developing a real medical condition that endangers everyone on the jobsite.
Anyone at work after dark may develop SWSD. This results in a worker impaired by fatigue with their cognitive abilities impacted as well as their ability to respond to hazards physically and the likelihood of unknowingly falling asleep on the job or on task. Serious dangers of work accidents with life-altering or fatal bodily injuries can be the result.
Almost half of shift workers on the job during the night hours may develop SWSD. Employers have a legal duty of care to keep workers safe from harm on the worksite; however, all too many companies impose shift work schedules without adequate protections against Shift Work Sleep Disorder and its accompanying accident risks.
Workers hurt on the job have a legal right to investigate whether or not shift work and SWSD were a reason for the accident that caused their bodily injuries. Employers and others with possession, custody, or control of aspects of their jobsite may have legal liability for the resulting accident and its consequences. Damages can include medical expenses; long term health care needs; psychological needs; rehab costs; and damages available to family members such as loss of consortium.
For more, read:
- Fatigue and Fatal Injuries on the Job: Exhausted Workers and Workplace Accidents
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Shift workers face a unique job hazard just because they are asked to work against their natural bodily rhythms. Workplace injuries caused by SWSD are often preventable accidents where employers and others may be held legally accountable. Please be careful out there!
