More and more road work zones are popping up throughout the City of Chicago, Cook County, and throughout Chicagoland. A daily online update provided by the Illinois Department of Transportation (“IDOT”) confirms that on the week of publication, there were 565 active road construction projects throughout the state, the majority within the wide Chicagoland boundaries. These include 13 bridge closures; 40 ramp closures; and 47 closed roads as part of this ongoing infrastructure development. Of importance, many of these job sites involve interstate highway work: for instance, IDOT reports there are 24 current work zones on I-55 and 26 road work projects on I-57 alone. See, Work Zone Establishments published by the Illinois Department of Transportation and its Work Zones webpage.
For most of these road work zones, there will be the need for construction workers experienced in asphalt pavement operations because asphalt is a key component for most of these roadways. This comes with a tremendous risk of permanent illness or injury.
Why Is Asphalt So Popular in Road Work Construction?
The Illinois Asphalt Pavement Association (“IAPA”) explains why asphalt is the preferred material used in the creation, repair, or maintenance of most Illinois roadways today. According to these industrial leaders, not only is asphalt pavement economical and budget-friendly, it offers overwhelming benefits as compared to other roadway surface options (like tarmac).
Among the benefits shared by the IAPA are that asphalt is: (1) smooth for driving; (2) sustainable, due to its layering; (3) economical in price; (4) offers fast construction because of fast drying time; (5) generates quiet driving which benefits those on the road and those alongside it; (6) has versatility with its use favored not only for highways, but race tracks; parking lots; etc.; and (7) safer than other road surfaces since it is smooth, even, and less in need of de-icing, thus reducing traffic accidents and fatalities.
Accordingly, the growing number of road work construction projects throughout Chicagoland will likely involve the use of asphalt pavement. For construction workers involved in these road work zones, it is vital that they (and their loved ones) understand the great dangers that come with working with or alongside asphalt.
Severe or Fatal Illness or Injury from Asphalt
For those working on the roadway itself as well as those on the job with the hot-mix facility, there is the critical danger of inhalation or absorption of “volatile organic compounds” (VOCs) as the asphalt is heated. The result: construction workers can become seriously ill from exposure to asphalt alone. For those accustomed to road construction, there is a risk that long-term exposure will result in fatal or catastrophic illnesses such as:
- Bladder cancer;
- Esophageal cancer;
- Lung cancer;
- Stomach cancer;
- Emphysema;
- Kidney failure;
- Liver failure; and
- Nervous system disorders.
Read: Neghab, M., F. Zare Derisi, and J. Hassanzadeh. “49 Health effects following occupational exposure to paving asphalt fumes.” (2018): A412-A412; and Mousavi, Masoumeh, et al. “Health Risks of Asphalt Emission: State-of-the-Art Advances and Research Gaps.” Journal of Hazardous Materials (2024): 136048.
Burns in Asphalt Accidents
Accidents involving asphalt can cause one or more workers on the road work zone construction site to suffer debilitating burns or fatal injuries in an explosion. Read, Chemical Accidents: Burns, Inhalation, or Neurological Work Injuries on the Job in Indiana or Illinois.
Fatal Falls or Machinery Accidents in Asphalt Work
Paving a roadway, no matter the size of the project, is guaranteed to be a busy, even hectic, worksite. There can be all sorts of heavy equipment and machinery scattered around. Surfaces are understandably uneven as the roadway is being built. Accordingly, road work zones come with a high risk of serious falls.
Additionally, all these heavy rollers, pavers, milling machines, trucks, and the like are machinery and equipment that can cause horrific injuries to workers in the road work zone. Workers can suffer catastrophic crushing or struck-by injuries in a matter of seconds. For more, read Beware One of the Deadliest Dangers on Construction Sites: Struck-By Accidents; and Machine Safety in the Industrial Workplace: Danger of Catastrophic Machinery Accidents.
Safety Measures for Road Work Construction Workers Working With or Near Asphalt
Not only employers signing the worker’s paycheck but several other parties (contractors; companies; professionals (like engineers); landowners; lessors of machinery or equipment; etc.) may have legal duties of safety and care placed upon them by state law. See, Who Can Be Held Liable for Construction Worker Accidents? and What is Industrial Hygiene? Expert Protection of Workers on the Industrial Worksite.
These duties mandate that all reasonable and prudent steps be undertaken to keep workers in a road work zone safe from asphalt injury or illness. Failure to meet these legal duties results in legal liability for harm caused by their breach.
Road work safety from asphalt harm includes:
- Providing the appropriate Personal Protective Equipment (“PPE”) to all workers as well as site visitors when appropriate. This includes things specific to the needs of the particular situation. Respirators may be needed. Other asphalt PPE may involve face shields; special insulated gloves; goggles; and protective clothing.
- Warning labels and warning signs detailing the dangers of asphalt should be easily seen at all times, because asphalt is tremendously volatile and flammable. Just a spark from a cigarette could cause a horrific fire with untold injuries and death.
- Project management and site supervisors should monitor the mixing and stirring operations involved with asphalt, using a pump to protect workers from exposure to fumes. Kettles should be enclosed.
- Workers should be trained on the dangers of working with or near asphalt. These safety lessons should include not only the risks involved with inhalation on site, but the risk of absorption from simple things like eating lunch or taking a break without thoroughly washing hands.
- Housekeeping duties should be constant and consistent to make sure that all asphalt safety measures are being followed as well as machinery and equipment are in good working order. Water should never be near asphalt, because this can result in an explosion. Pavers and rollers should be checked daily to make sure they are reliable and safe for use.
- Emergency protocols should be established in advance, not only in letting workers know the need to stop work and get fresh air if they begin to feel ill and suspect asphalt fume inhalation, but in having steps in place for dealing with any asphalt-related illness or accident injury.
For more, see: Personal Protective Equipment (PPE) for Industrial Workers; New Warning Label Requirements for Hazardous Chemicals at the Workplace; Industrial Housekeeping and Construction Site Accidents; and Supervisors, Safety, and Work Accidents on the Job in Illinois and Indiana.
Liability for Asphalt Harm in Chicago Area Road Work Construction
Throughout Chicagoland, road work zones will expose construction workers to dangers involving asphalt illness or injury each day they are on the job. State laws, and in some instances federal statutes, are in place to help any road work zone asphalt victim to find justice.
While there is no specific federal regulation that targets asphalt specifically, there are other regulations that do apply to this hazardous material. These include 29 CFR 1910.132 (general requirements); 29 CFR 1910.134 (respiratory protection); and 29 CFR 1926 (PPE). Read, Asphalt (Bitumen) Fumes published by the Occupational Safety and Health Administration. Other regulations may apply to any fires or explosions that are caused by asphalt on the jobsite. Of note, the “Hazard Communication Standard” was the federal safety law most often violated by employees, surpassed only by fall protection laws. See, Dangerous Chemicals and Work Injuries: 2nd Highest Safety Violation in 2022 Was Hazard Communication.
Legal claims must be advanced by the worker-victim and their loved ones within a narrow time frame or their rights to recompense will be barred as missing their “limitations deadline.” Sadly, this means that the injured road work construction victim suffering from asphalt injuries must simultaneously resolve to fight for justice while dealing with the harm that has been caused by others. The importance of having an experienced construction injury lawyer to assist here cannot be underestimated.
Read:
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations
- Workplace Safety and OSHA Regulations in Indiana and Illinois
- Workers Face Great Danger from Illinois Highway Road Work Construction Accidents
- Electricity Accident Dangers for Road Work Construction Workers in Chicagoland
- Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages.
Road work is happening all over Chicagoland, and with it comes the increased risk of harm from asphalt injuries or illnesses to anyone on the job in these work zones. Asphalt is very dangerous. Please be careful out there.
