For the past thirteen years, the federal safety regulation most often ignored or violated in this country has been the basic safety law protecting workers against serious or deadly falls on the job. It is entitled “Fall Protection – General Requirements,” and can be found in 29 C.F.R. §1926.501.
Among the other “top ten” most common safety violations in the past year are three other fall safety regulations, which have appeared repeatedly in the past few years’ “top ten” lists: (1) Ladders (29 CFR §1926.1053); (2) Scaffolding (29 CFR §1926.451); and (3) Fall Protection – Training Requirements (29 CFR §1926.503).
It’s reprehensible that almost half (40%) of the worker safety laws most often violated by employers in the past few years involve protecting people from serious fall accidents when falls are one of the top reasons industrial workers die on the job.
- For details, read OSHA Top 10 Safety Violations for 2023 (which includes a comparison of the past three years of OSHA Top Ten lists).
Workers in Illinois and Indiana as well as the rest of the nation need to be aware of this widespread disregard by industrial employers for fall safety precautions on the job. Workers need to know how the failure to protect against falls is particularly dangerous in certain industries, where the risk of a life-altering fall accident is high.
Common Worksite Fall Risks
According to the Centers for Disease Control and Prevention (CDC), falls can happen in any number of job sites, and employers should take all necessary steps to protect their employees from fatal falls.
The construction industry is notorious for deadly fall accidents. However, a number of other industries also routinely place workers at the risk of severe bodily injury in a fall. How does this happen? The CDC points to the following risks that are commonplace in all sorts of workplaces:
- Slippery, cluttered, or unstable walking/working surfaces;
- Unprotected edges;
- Floor holes and wall openings;
- Unsafely positioned ladders; and
- Misused fall protection.
Higher Risk of Fatal or Severe Fall Injuries for Industrial Workers
It is recognized that fatal falls are the number one cause of construction worker deaths in this country. OSHA confirms that falls remain the “leading cause of death” in the construction industry.
Of importance, the National Safety Council (NSC) warns that falls are also the second leading cause of workplace death across all industries in this country, exceeded only by highway vehicular accidents.
Moreover, severe fall injuries where the worker survives but must deal with debilitating bodily harm are most often found not only in construction but in the following industries according to the CDC:
- Healthcare support;
- Building cleaning and maintenance; and
- Transportation and material moving.
These injuries may involve injuries like traumatic brain injuries (TBI); spinal cord injuries; internal organ damage; nervous system damage; loss of use of limb (including amputation).
See: Work-Related Traumatic Brain Injury (WR-TBI) Dangers Facing Industrial Workers in Illinois and Indiana; Internal Injuries After an Accident Can Be Silent and Deadly; and Traumatic Amputations in Industrial Accidents.
The NSC confirms that workers in a variety of industries face a significant risk of a catastrophic fall on the job. As part of the NSC’s participation in this year’s National Safety Stand Down in May 2023, Illinois’ internationally respected safety agency warned that:
Falls from elevation is the second leading cause of unintentional injury-related death for workers after highway crashes. In 2021, 680 workers died, and in 2020 49,250 were injured due to falls from elevation. All of these deaths are preventable.
Industries With Highest Risk of Fall Accidents
For workers in Illinois and Indiana, each day brings with it an increased risk of a catastrophic fall accident when (1) they are employed in certain industries known to have a greater risk of fall incidents; and (2) the confirmation from OSHA that too many employers are ignoring the most basic of fall safety regulations.
According to data compiled by the Bureau of Labor Statistics (BLS), the Occupational Safety and Health Administration (OSHA), and the CDC’s National Institute of Occupational Safety and Health (NIOSH), as well as recognized by safety experts like the NSC, workers and their loved ones should know that fall risks are higher in these jobs than in other worksites:
1. Construction
Construction sites are known for fall risks that include falls from heights involving roofs, scaffolds, skylights, and more. See, Deadly Construction Fall Accidents in Illinois and Indiana.
2. Warehousing
Warehousing and distribution centers are famous for their logistical designs where workers are tasked with shelving, scaffolds, forklifts, cranes, and more where falls from a height are a serious risk. See, New OSHA National Emphasis Program Targets Dangerous Warehousing Industry.
3. Manufacturing
Manufacturing plants and factories place workers into all sorts of fall risks involving heights that include working from or atop heavy equipment or machinery. One big example here in our part of the country: workers needing to work on beams and girders in our local steel industry. See, Factory Worker Accidents in Indiana and Illinois.
4. Maritime (Ports, Shipyards)
Shipyards and maritime work demand many tasks where workers must do their jobs at a height that puts them at risk of a severe fall which can be compounded by work being done near water or slippery surfaces.
Protecting Workers From Falls on the Job
Employers know what to do for worker fall safety. Established safety regulations and industrial standards for various industries are well-known. Certain industries have special sets of fall safety regulations they have a legal duty to meet.
This includes construction; shipyards; longshoring; and any industry where the work involves dangerous equipment or machinery. Sadly, they are also all too often ignored or disrespected by companies and management putting profits over people.
What should workers see on the job that lets them know that they are being protected from a fall? Things like:
- Employer plan for the project that includes fall safety procedures for workers;
- Fall safety training and education for employees on risks for each task or job they are to undertake;
- Fall safety equipment being provided by the employer for the worker’s protection (e.g., harnesses; personal fall arrests systems (PFAS)); and
- Fall safety equipment placed on the site itself (like railings, guardrails, scaffolds, etc.).
If workers do not see these protections on their worksite, then they must understand that there may be an increased danger of a deadly or severe fall accident where one or more workers may be hurt or killed in an instant. Things like fall restraints (like harnesses) and fall prevention (such as barriers) are important and required by law.
Justice for Industrial Workers Hurt or Killed in Fall Accident
For workers and their loved ones who face the aftermath of a severe fall accident on an industrial jobsite, there are avenues for justice in place under both state and federal law. Each case must be independently investigated and evaluated by the worker and their advocates to determine the extent of legal liability involved. In some matters, legal responsibility for the incident may include not only the employer but third parties who breached a duty of care that contributed to the accident.
For more, read:
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
- Who Can Be Held Liable for Construction Worker Accidents?
The new OSHA Top Ten Safety Regulation Violation List is shocking in how year after year, the very real danger of fall accidents continues to be ignored by employers. Falls are preventable accidents. Workers in Indiana and Illinois deserve better protection. Sadly, all too many work accident victims of falls on the job must move forward with legal claims after life-altering or fatal falls on the job. Please be careful out there!
