Arguably the greatest accident risk facing industrial workers in Illinois and Indiana is severe or deadly bodily injuries suffered in a fall. The National Institute for Occupational Safety and Health (NIOSH) warns that non-fatal falls are a significant hazard facing workers in the transportation industry, as well as warehousing, health services, retail sales, and building maintenance.
Even more troubling is that according to Illinois’ internationally renowned National Safety Council, deadly falls are the second leading cause of workplace death across all industries in this country, not just construction (only highway accidents cause more worker fatalities than fall injuries). And of course, fatal falls remain the greatest danger for construction workers, where fall-related accidents are the reason for most construction worker deaths on the job.
For more on fatal fall accident risks, read: Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers and Fighting Fatal Falls on the Job: OSHA’s First National Emphasis Program.
Ladders and Fall Safety
Recognizing the need to protect people from fall injuries in preventable work accidents, there are both industrial standards and federal safety regulations designed to help keep people safe. Fall protection includes all sorts of things, from using scaffolds or cranes to providing personal protective equipment (PPE) for workers tasked with working at a height.
Ladders are one of the most popular pieces of fall safety equipment used across the board in all industries. How ladders work to keep people safe is far from a recent innovation. Ladders have been basic fall protection on worksites for centuries; for instance, ancient Egyptians used ladders in their construction efforts. For more, read “A Brief History of the Ladder: Tracing Its Invention Through Time,” published by LadderHatch on February 25, 2023.
Ladder Safety Regulation: 3d Most Often Violated Employer Duty in Illinois and Indiana
Sadly, this month’s revelations by the Occupational Safety and Health Administration (OSHA) warn us of a reality facing workers working with ladders here in Illinois and Indiana. In its annual Top Ten List of Safety Violations, OSHA reveals that within our federal region (Region 5), employers are consistently failing to comply with established ladder safety laws. Read, “OSHA’s Top 10: The most frequently cited standards for fiscal year 2023,” written by Kevin Druley and published by the National Safety Council’s Safety and Health Magazine on November 26, 2023.
Specifically, 29 CFR §1926.1053 is the third (3rd) most often safety regulation violated by employers in our part of the country.
This is the safety regulation that applies to all ladders, including job-made ladders, and deems that each work site ladder must be capable of supporting its designated load without failure. 29 CFR §1926.1053(a)(1).
Confirmation of workplace noncompliance with known fall safety measures involving the use of ladders on the job site is a serious concern for those involved in the study of worker safety as well as advocates of worker victims and their loved ones after a serious fall work accident. These failures create a high risk of injury where the worker can suffer life-altering injuries or even die as a result of a ladder failure.
For more, read: Ladders: The Most Dangerous Tool on the Construction Site and Ladder Accidents: The Very Real Danger of Death from Falling off a Ladder on the Job.
Worker Warning: Look Out for These Five Ladder Safety Standards Being Ignored
As explained by the American Ladder Institute, there are a number of safety standards imposed by OSHA regarding ladders in the workplace that include (1) when an employer is to insist upon a worker using a ladder on the job and (2) the types of ladders that are to be used. There are different types of ladders for different types of tasks.
Stepladders are not the same as extension ladders, for instance. And in some situations, ladders are not to be used at all; here, things like scaffolds or hoists must be provided by the employer to keep workers safe from a fall.
Workers need to be aware of all the safety dangers they face when working at a height. However, for those on the job in Indiana and Illinois, the new OSHA Top Ten Report provides a particular warning because a known and basic safety regulation is being disrespected here in Region 5.
And OSHA also gives details for this work site danger: we know that within 29 CFR §1926.1053, there were five (5) subsections cited most often by OSHA inspectors across the country.
As explained by the NSC, workers are warned to be on the lookout for these fall dangers involving ladder safety on the job:
- Portable Ladders in 29 CFR §1926.1053(b)(1): When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder’s length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grab rail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.
- Ladders Used for Intended Design in 29 CFR §1926.1053(b)(4): Ladders shall be used only for the purpose for which they were designed.
- Not Using Top Step of Stepladder in 29 CFR §1926.1053(b)(13): The top or top step of a stepladder shall not be used as a step.
- Carrying Loads on a Ladder in §1926.1053(b)(22): An employee shall not carry any object or load that could cause the employee to lose balance and fall.
- Defective Portable Ladders (Flawed, In Need of Repair, etc.) in 29 CFR §1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats or steps; broken or split rails; corroded components; or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with “Do Not Use” or similar language, and shall be withdrawn from service until repaired.
Ladder Fall Accident Victims on the Job: Workers and Their Families Seeking Justice in Illinois or Indiana
Ladders are needed on all kinds of industrial worksites here in Indiana and Illinois. From small stepladders in a retail big box store to a large extension ladder in a warehouse or on a commercial construction site, ladders are a vital part of the job. Ladders are commonplace and a part of the daily life for many workers here.
Unfortunately, OSHA has confirmed that ladder safety is being disregarded or ignored by too many employers in our region, with the basic ladder safety law being the third most common safety violated cited by the safety inspectors.
This serves as a warning to all workers to be aware of an increased risk of a fall injury at their workplace. Ladders that have been neglected in maintenance or repair can cause a devastating injury. Defective designs in a ladder can cause tragedy in an instant.
For those who are hurt or killed in a fall work accident involving a ladder on the job in either Indiana or Illinois, worker victims and their loved ones also need to know their legal avenues for justice under state and federal law. Worker’s compensation systems as well as civil claims for damages under the laws of negligence, defective products, premises liability, and more may also provide damages to those who have suffered due to a fall work injury.
Each ladder accident deserves its own individual consideration and investigation in order to determine which legal remedies apply to the particular case (state; federal; workers’ compensation; etc.) and to identify all those parties that may share legal responsibility for what has happened.
For more, read:
- Keeping Workers Safe from Severe Fall Accident Injuries on the Job
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Workers Beware: BLS Reports Highest US Worker Death Rate in 5 Years.
Workers in Illinois and Indiana need to know that ladders on the jobsite come with mandatory legal responsibilities for safety and care that keep them safe from a fall injury in a work accident. OSHA has alerted our part of the country that there is a shockingly high rate of employer disregard or disrespect of these established ladder safety standards. Workers are facing an increased risk of a severe or deadly fall as a result. Please be careful out there!
