Danger of Serious and Deadly Accidents Will Rise as Safety Regulations Continue to Disappear
Government oversight at both the state and federal level controls many things here in Illinois and Indiana, from defining what actions are deemed to be illegal (criminal laws); to rules on when and where we can fish or hunt (state licensure); or where commercial buildings are prohibited (zoning and housing codes).
For those of us living and working in Indiana and Illinois, perhaps the most important of these government powers is the regulation of safety and health in various ways.
Workplace safety regulations are vital to keeping workers safe on the job site, for instance. Laws and statutes designed to protect the public from health hazards and safety issues are life-saving.
For more on the benefits of government regulation of public safety and health, read: Sunstein, Cass R. “Well-being and the State.” Harv. L. Rev. 107 (1993): 1303.
Safety Regulations Protect Lives
There are countless examples of how government can protect people against being hurt or killed while at work or at home, or as they enjoy everyday life. Many government safety requirements are taken for granted, like OSHA standards on a construction site to protect against fatal falls, or FMCSA regulations controlling the requirements for someone to be a commercial truck driver. See:
- Serious or Fatal Slip and Fall Injuries: The Employer’s Duty of Care;
- Ladder Accidents: The Very Real Danger of Death from Falling off a Ladder on the Job;
- Truck Driver Health and Fatal Semi-Truck Crashes in Indiana and Illinois; and
- Truck Drivers with Diabetes Free to Drive Commercial Interstate Under New FMCSA Rule.
When these public safety protections are weakened or removed, then the risk of a severe or deadly accident correspondingly rises. Consider the following two examples:
1. Marijuana Deregulated in Illinois
State law has changed, making it legal to purchase marijuana in Illinois without the need to prove any medical need whatsoever. See:
- Recreational Marijuana is Legal in Illinois: The Rising Danger of a Drugged Driving Crash
- Marijuana Semi-Truck Crashes: Pot, Cannabis Products, and Commercial Truck Drivers.
2. FMCSA Halts Safety Regulations for Commercial Truck Drivers
Federal law has changed to lessen the safety laws that control the activities of commercial truck drivers in this country. The Federal Motor Carrier Safety Administration (FMCSA) has altered safety requirements designed to protect against fatal truck crashes caused by drowsy truck drivers, distracted driving, and trucker error. See:
- Federal Truck Driver Training Law Halted: The Danger of Inadequately or Improperly Trained Truckers Remains;
- Deadly Truck Crashes and New FMCSA Proposed Rollbacks to Hours of Service (HOS) Rules; and
- Coronavirus and Truck Drivers: Danger of Fatal Truck Crash with Changes to Hours of Service (HOS) Rules.
Growing Wave of Government Deregulation at Federal and State Levels
The past few years have seen a growing wave of government deregulation at both the federal and state level. The current White House Administration has been zealous in repealing or stopping all sorts of federal regulations, including a wide variety of regulations that focus on safety and welfare. Read, “The White House’s Deregulatory Push, By the Numbers,” written by Charles S. Clark and published in Government Executive on June 6, 2018, citing extensively from an investigative report by Public Citizen entitled “Deregulation Frenzy,” published on June 5, 2018.
In May 2020, the nonpartisan watchdog group Accountable.US published its 31-page report on the current federal deregulation trend, “All Hands on Deck,” which categorizes the various areas where regulations are disappearing. In April 2020, warnings came from the Washington Post that the Coronavirus Pandemic’s resulting economic downturn is heralding widespread federal deregulation. Read, “White House Readies Push to Slash Regulations as Major Part of its Coronavirus Economic Recovery Plan,” written by Jeff Stein and Robert Costa, published by the Washington Post on April 21, 2020.
Deregulation in Illinois
The deregulation trend exists at the state level, too. For instance, a bill was presented to Illinois lawmakers that would deregulate barbers and cosmetologists. If passed, they would no longer need to be licensed by the state in order to work in the profession. Read, “Proposed Bill Would Give Cosmetologists, Barbers Choice to Be Licensed,” written by Rebecca Brumfield and published by the Illinois Capital News on March 5, 2020. Another Illinois bill moved to deregulate distilleries. Read, “Distillery Deregulation is a Good Idea for Illinois,” written by Joe Cahill and published by Chicago Business on September 12, 2019.
As federal and state governments work to remove safety regulations in order to boost business revenues, the dangers that those regulations are designed to protect against will return to harm people in Indiana, Illinois, and elsewhere in this country.
Added Danger: Non-Enforcement Accompanying Deregulation
Taking away governmental regulations is one danger facing the health and safety of everyone in Indiana and Illinois. Another is the suggestion that non-enforcement of existing regulations may accompany deregulation efforts — at least at the federal level.
As an example, information provided in the “All Hands on Deck” report (see pages 11-12, referencing Kaiser Health News, 4/22/20, and Politico, 5/01/20) reveals that: (1) OSHA is indicating it will not pursue all investigations of COVID-19-related workplace deaths; and (2) only 1.2 percent of COVID-19-related complaints have been investigated by OSHA.
In other words, safety advocate groups are warning that OSHA will not be enforcing federal standards and regulations against businesses alleged to have failed in their duty of care to protect workers against COVID-19 exposure and infection.
This is one example of how non-enforcement of existing regulations will also increase the risk of serious injury or death.
Claims for Justice after a Severe or Fatal Accident in Indiana or Illinois
Safety and health regulations exist to protect the public from preventable accidents with deadly consequences. Their removal or non-enforcement is a serious concern for safety advocates as well as those who represent accident victims and their loved ones in the aftermath of a serious or fatal incident.
As the danger increases, the likelihood of a severe bodily injury at work or at home, at school or on the roadway, rises exponentially. Sadly, this will mean tragedies in Indiana and Illinois where lives are forever changed because of another’s failure to act in a reasonable and prudent manner.
The state laws of Indiana and Illinois do provide avenues for justice when someone has been hurt or killed due to the failures of another. Negligence law in all its forms, including negligent supervision, negligent entrustment, gross negligence, etc. as well as premises liability laws, product liability statutes, and more can provide hope to the accident victim and their loved ones. Those responsible for the incident can be required to pay medical expenses, long-term care needs, rehabilitation costs, pain and suffering, psychological therapy expenses, and more.
For more, read:
- Hospitals Hurt People: Hospital Negligence Causing Harm and Serious Injury to Patients: Are You or Your Loved One Safe in The Illinois or Indiana Hospital?
- Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana
- Nursing Home Lawsuits in Indiana and Illinois: Who Can Be Sued, and Why, for Elder Abuse or Neglect
- Defective Car Parts & Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana
- Rising Trend in Workers Killed on the Job: BLS Reports Highest Number of Worker Deaths Since 2008
- Employer Liability for Distracted Driving Accidents in Indiana or Illinois.
If you or a loved one has suffered serious personal injury in an accident here in Indiana or Illinois, it is wise to investigate the possible claims for relief available under state law. As more and more governmental safety oversight disappears, the risk of injury increases. Please be careful out there!
