Duties Of Safety Owed To Construction Workers On The Job In Cold Conditions
Our winters bring with them an entirely different kind of cold than other parts of the country experience. That fierce, winter windy cold of Chicago? There’s a reason it’s known as “the Windy City.” For more, read “Why is Chicago called the ‘Windy City’?” written by Evan Andrews and published by HistoryTV on March 2, 2016.
Illinois and Indiana are infamous for some of the biggest winter storms and blizzards on the continent. For instance, there was 2011’s Snowmageddon and of course, the “biggest snowstorm” of all time for Chicagoland, with the Blizzard of ’67. Records were also broken with The Cleveland Superbomb in 1978 with South Bend, Indiana getting three feet of snow; and history was made again in the Ohio River Snow Storm of 2004, where snow was falling at a rate of four inches per hour. Read, “A Look Back At Chicago’s Top 5 Biggest Blizzards,” written by Linze Rice and published by Block Club Chicago on January 8, 2024; and Historic Storms, published by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration, December 2024.
Winters are harsh here, and some of us take pride in our ability go about our daily lives despite the weather conditions. Work doesn’t stop just because of snow, ice, or freezing temperatures. And that includes our ongoing construction projects.
Construction work does not halt in Chicagoland, Illinois, or Indiana, just because it is wintertime. While some outdoor projects can be curtailed due to cold conditions, other projects must move ahead. After all, concrete work can continue (as long as it is protected from freezing) even at sub-zero temperatures.
This includes many of the vital road infrastructure projects underway as part of the Rebuild Illinois project. For instance, lane reductions just started this week on the Illinois Tollway as part of rebuilding the York Road Bridge in Oak Brook. Read, “Expect congestion on busy York Road near I-88 as bridge redo starts,” written by Marni Pyke and published by Daily Herald on December 3, 2024.
Construction work comes with its own set of risks and dangers for anyone working on a construction site in winter weather. Special safety protections need to be in place to keep workers safe, with specific winter duties of care mandated for all those with possession, custody, or control of aspects of any Illinois or Indiana construction workplace.
Risks and Dangers of Working Construction in Winter Weather
Workers in the Chicago area, as well as the rest of Illinois and throughout Indiana, will face significant hazards during any day on the job during our winter months. Bodily harm can come in the form of illness or injury, and construction workers on the job can suffer permanent harm or even death as a result. See, Serious or Deadly Winter Construction Accidents in Illinois and Indiana. Dangers include:
1. Hypothermia
Employers, supervisors, and others on the winter worksite have legal duties to make sure that all construction workers are protected from suffering hypothermia. Hypothermia happens when the body temperature lowers to a point that the brain and heart are impacted. Hypothermia can kill.
Someone on the job with hypothermia will show one or more of the following symptoms:
- Breathing becoming shallow;
- Clumsiness;
- Confusion;
- Shivering;
- Speaking changes (slurred speech);
- Sleepiness;
- Uncoordinated movements; and
- Walking becomes difficult (weaving, shuffling, stumbling, etc.)
Anyone in a position of power or authority on the construction site that is concerned that a construction worker is showing signs of hypothermia has a legal duty (and arguably, a moral responsibility) to stop and help that worker.
2. Motor Vehicle Accidents
Winter weather conditions bring special hazards on any construction site for vehicular accidents. This may involve cars, pickups, SUVs, minivans, or semi-trucks moving through a road work zone and losing traction or control due to snow or ice on the roadway. It can also involve specialized trucks involved in the construction itself where the operator faces malfunctioning parts or is overcome by frozen terrain, ice, etc. and collides with one or more workers on the site.
3. Slip and Falls
Falls are an obvious danger on any winter construction site here in Illinois or Indiana. Snow, ice, sleet: all these are commonplace in our winter months, and they come with unique risks of slip and falls or trip and falls on sites where underlying walking surfaces may be uneven, unstable, frozen, etc.
4. Falls From Height
Construction sites may require several workers to be on the job at significant heights. For instance, some may be in buckets maneuvered by a crane; some may be standing and walking on scaffolds. Anytime a worker is tasked with working from a height in winter conditions, there is an increased risk of falling from that height and suffering catastrophic or fatal injuries.
Protecting Construction Workers From Winter Work Accidents
Chicagoland construction workers involved in the historic Rebuild Illinois road work zones, as well as other workers on the job during the winter months in our part of the country, understand that they are facing danger each day on the job, especially during bad winter weather. It is vital that all these workers know that several different individuals and companies have legal duties to protect them from these hazards while on the job, and breaches of those duties can make them legally liable for any resulting harm. Read, Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents? and Who Can Be Held Liable for Construction Worker Accidents?
Protecting winter construction workers from harm includes the following things:
1. Maintaining Construction Site Premises
Safety agencies and advocates for worker victims may call this “housekeeping duties.” Owners, lessors, and others with custody or control of the land and premises need to do things like moving gutters and drains after snowfall or ice storms to prevent melting water from making pools on footpaths that can invite a fall (especially if it freezes again). Snow should be shoveled or blown, and salted, as well. Warnings and even re-routing of walking paths may be needed. Any floors in site buildings need to be kept free from snow and mud, with protective mats and rugs as needed. There should be an ongoing surveillance of the worksite to make sure that things are safe. Mopping a lot is usually needed.
2. Proper Personal Protective Equipment
All construction workers on the site need to have the right gear to protect against the winter weather conditions. This includes things like insulated gloves; sturdy footwear offering a firm grip while at work; appropriate head and face coverings; and warm, layered clothing (three layers or more, wicking sweat and providing insulation).
3. Heaters and Wind Breaks
Several different parties on the construction site may have a duty to help workers in the winter weather with things like heaters to help control the cold in certain areas, as well as placing wind breaks to block the notorious frigid wind gusts we get here. There should be a warm place for breaks, as well, with protection from the winter weather and helps like coffee and food/snacks to fight fatigue. First aid kits should be readily available.
4. Training Workers on Winter Weather Construction Risks
Construction workers in Chicago, Illinois, and Indiana should be given reasonable and proper training on the specific dangers they will face on their job site as well as the particular hazards that are coming with new weather forecasts. This includes things like recognizing bodily reactions to cold before serious injury can occur, as well as understanding how any machinery, equipment, or tools may respond or react differently in winter. Frozen ground, for instance, brings its own risks in road construction.
5. Work Schedules During Winter Weather Construction
Those with power to plan the project and schedule the workers need to make sure that winter comes with more frequent rest breaks for construction workers on the job in the cold. Each day needs to be structured so that workers are on the job during the highest temperatures possible.
Workers should be assigned to buddies when on the job in winter weather on a construction site. These buddies need to be alert to each other’s progress during the day: the earliest signs of hypothermia, for instance, may be seen by a buddy before a supervisor.
6. Emergency Procedures in Place
In the event of an accident on a winter construction site, there should be a plan already in place to help that injured construction worker. Immediate medical care should be at the ready, to help until first responders can arrive. Steps to stop work on the site need to be known and used when needed. More than one person or company on the site may be responsible for an emergency response to a site accident.
Winter Construction Accidents in Chicago, Illinois, or Indiana: Claims for Justice
Construction, no matter the season, is understood to be one of the most dangerous lines of work anyone can undertake in this country. Winter weather makes things even more risky. Sadly, all too often there will be those with legal duties to keep workers safe during these cold, snowy, windy, and icy conditions that will disregard or disrespect their safety responsibilities.
Construction workers have a right to be safe on the job. If they get hurt, then they may well have personal injury claims against third parties for recompense. This is independent of filing a workers’ compensation claim. See, Chicago Road Construction Worker Accidents: List of Third Parties Potentially Liable for On-the-Job Injuries.
For more, read:
- Task List for Chicago Road Construction Accident Victims Seeking Justice for Work Injuries;
- Construction Workers: The Most Dangerous Job Today;
- Construction Worker’s Risk of Dying on the Job Jumps 41% According to New Report;
- Workers Face Great Danger from Illinois Highway Road Work Construction Accidents;
- Trenching Dangers in Chicago Road Work Construction Projects: Rebuild Illinois in Chicagoland;
- Reckless Driving in Chicago Road Work Accidents.
Winter weather will not stop our construction workers from doing their jobs. In particular, road work zones throughout Chicagoland will continue to be active as Project Rebuild Illinois progresses. The risks of harm during the winter months for these workers is shockingly high. Please be careful out there!
