Steel Company Has Clear Legal Duty to Keep Steelworkers Safe on the Job
Indiana’s steel industry contributed almost one-third (27%) of the nation’s steel production in 2020. In doing so, the Hoosier State maintained its reign as first in the country for steel production – a ranking that Indiana has held since 1980.
For more, read “Indiana Again Tops U.S. in Steel Production,” written by Alex Brown and published by Inside Indiana Business on April 28, 2021, which reports over half of the nation’s entire blast furnace capacity is located in just two northwest Indiana counties (Lake and Porter).
What is the steel industry? Steel production takes on many roles as it takes iron and iron ore to make pig iron and hot metal, as well as turning pig iron and scrap into steel products in various shapes, such as rods, bars, sheets, and plates. From the U.S. Department of Energy:
The steel industry is critical to the U.S. economy. Steel is the material of choice for many elements of manufacturing, construction, transportation, and various consumer products. Traditionally valued for its strength, steel has also become the most recycled material. About two-thirds of the steel produced in the United States in 2008 was made from scrap.
Steelmaking facilities use one of two processes. In the integrated steelmaking process, iron is extracted from iron ore in the blast furnace and the molten product is then mixed with recycled steel and refined with oxygen in the basic oxygen furnace (BOF). In electric arc furnace (EAF) steelmaking, recycled steel is the primary input (virtually 100%), although other iron-bearing materials may be used. The less energy-intensive EAF process accounted for about 62% of U.S. steelmaking in 2011.
The steel business is forecast to be getting even bigger in our area in the next few years. For instance, media reports are that U.S. Steel is considering building a new $3 Billion steel mill in either Indiana or Illinois, since U.S. Steel has been actively producing steel in both states for many years now. Read, “U.S. Steel is building a new $3 billion mill. Where will it go?” written by Bloomberg and published by Crane’s Chicago Business on September 17, 2021.
For more on the steel industry in Illinois and Indiana, see our earlier discussions in:
- The Courage That’s Needed to Work in Steel Mills;
- Steel Mill Workers in Indiana and Illinois: Rising Production and Greater Danger of Injury or Death; and
- Steel Mill Workers’ Risk of Injury on the Job: Equipment, Working Conditions.
The Varied Dangers in Our Steel Mill Industrial Plants
Any industrial plant dedicated to the production of steel is an intense combination of potentially deadly hazards for its workers. Factors that can endanger lives in steel production include things like:
- High Temperatures
- Heavy Equipment
- Complex Machinery
- Confined Spaces
- Need to Work from Heights
- Movement of Liquid Metals
- Use of Chemical Toxins
- Use of Flammables
- Radiation
- Congested Industrial Motor Vehicle Traffic and Paths
- Slippery Floors
- Airborne Smoke, Vapor, and Dust.
Steel production hazards are so serious and so varied that workers face potentially deadly situations on a daily or even hourly basis. There are very few working conditions that are more high risk than to work in a steel mill in Indiana or Illinois.
Steelworkers can be permanently injured or die from bodily injuries on the job that can include:
- Internal organ damage (lungs, etc.)
- Burns
- Spinal cord injuries
- Traumatic brain injuries
- Amputations
- Blindness
- Deafness
- Fractures
- Lacerations.
Safety Precautions and Employers’ Legal Duty of Safety for Steelworkers
The extreme dangers of steel production make it paramount that every employer, manager, supervisor, and overseer understand the importance of safety precautions and maintaining the highest safety standards in any steel production operation. Both state and federal law place a legal duty of safety upon those employing workers to face the special dangers and high risks of steel production.
The employers’ duties are many. Each plant must be scrutinized for any repair or maintenance needs, at every level, on a consistent basis. Both safety equipment (i.e., personal protective equipment or PPE) and safety training must be provided to the workers. All PPE must be in good working order. Plans must be in place for protecting the individual employee as well as strategies to protect the workforce as a whole.
The Occupational Safety and Health Administration (“OSHA”) has developed significant federal safety regulations targeting steelworker safety. These include things like regulatory standards for:
- Falls From Elevation
- Powered Industrial Trucks
- Cranes, Derricks, and Hoists
- Permit-Required Confined Spaces
- Heat Stress
- Hexavalent Chromium
- Machine Guarding
- Carbon Monoxide Explosion Hazards in Electric Arc Furnace Steelmaking Operations
- Eye and Face Protection
- Respirators.
Steelworkers should be confident that they are being protected on the job. They should be aware of a concern on the part of management to keep their surroundings safe and be knowledgeable of the actions to take should unexpected dangers arise.
Steelworkers should be provided specific safety equipment designed for working in steel production. Things like gloves, eye goggles, hardhats, and face-shields should be prevalent on the site. Steel-toed boots should be a work requirement. Respirators should be provided. Hearing protection and fall-arrest systems (harnesses, etc.) should be available when needed.
Serious Accidents and Fatalities During Steel Production in Indiana or Illinois
For any steel worker who has been seriously injured or killed while on the job, the laws of Indiana and Illinois provide avenues for justice not only for that accident victim but also for his or her loved ones.
The failures of the Steel Industry employer, manager, supervisor, or overseer may result in legal claims based upon negligence. Defective products (including PPE) may form the basis of allegations of product liability on the part of manufacturers, distributors, suppliers, and those responsible for repair or upkeep.
Workers’ compensation and wrongful death statutes may also provide legal recompense in a serious or deadly steelworker accident.
For more, read:
- Fatal Falls on the Job and the Employer’s Failure to Protect Worker From Fall Risk
- Industrial Machine Accidents: Deadly Dangers Facing Machinists, Mechanics, Maintenance, and Millwrights in Indiana and Illinois
- Crane Accidents: Catastrophic Injuries and Fatalities in Indiana and Illinois
- The High Risk of a Deadly Confined Space Accident on the Job
- Chemical Accidents: Burns, Inhalation, or Neurological Work Injuries on the Job in Indiana or Illinois
- Work Accidents: Dangers of Serious or Fatal Injuries on the Job Because Safety Costs Too Much.
Working in our steel industry is a dangerous occupation deserving of respect. Sadly, the reality today is that steel industry employers do fail in their duty of care with catastrophic harm or death as the result. Please be careful out there!
