Construction sites are some of the most dangerous workplaces in this country; in fact, being a construction worker is recognized as the most dangerous job to have in the State of Indiana. Read, What Is The Most Dangerous Job in Indiana and Illinois?
There are many dangers facing construction workers each day. However, one of the primary reasons working construction is so hazardous is because of the need for workers to enter into a confined space in order to perform their task or to complete a project.
Construction Site Confined Spaces
Confined spaces on construction sites are varied, each with their own risks. On any residential or commercial construction site in Illinois or Indiana, workers may be asked to enter confined spaces such as:
- Attics
- Crawl spaces
- Ditches
- Ductwork
- Equipment Housings
- Manholes
- Pipes
- Pits
- Tanks
- Tunnels
- Vessels.
For more, read the Occupational Safety and Health Administration Overview of Confined Spaces in Construction.
While the space itself may vary, each construction confined space shares the same high-risk characteristics: it is big enough for the construction worker to enter the space and perform a task, but it has a limited means for that worker to get into the space or to get out. Entry and exit are restricted in any confined space.
Moreover, the confined space is not designed for people to stay in there for extended periods of time. This can make it very difficult for the construction worker to exit that space fast in the event of danger or an emergency.
Finally, the construction worker often faces life-threatening risks just by going into a construction site confined space. The dangers are well-known. They include things like electrocution from a live wire; asphyxiation from unseen, toxic fumes; or burns from chemical explosions.
All of these construction site confined space hazards have long been recognized within the construction industry as well as with safety agencies and advocates for worker victims and their loved ones. Sadly, most every catastrophic or fatal construction site confined space accident will be found upon investigation to have been a preventable accident where those with a duty of care failed to take the necessary steps to keep the worker safe.
Special Safety Regulations for Confined Spaces on a Construction Site
For general industry confined space risks, there is the federal Permit-Required Confined Spaces Rule, 29 CFR §1910.146 to protect workers asked to do a job in a confined space. This is a “performance-oriented standard.” It is the general safety regulation for confined spaces in all industrial workspaces.
However, the construction industry is notorious for the prevalence of confined spaces on the job site. Accordingly, for construction workers there is a special set of federal safety regulations that apply to their unique confined space dangers.
In 29 CFR §1926, Subpart AA – Confined Spaces in Construction comes the following series of requirements placed upon all those on the construction site with responsibility or control over keeping the worksite safe:
- 1926.1202 – Definitions.
- 1926.1203 – General requirements.
- 1926.1204 – Permit-required confined space program.
- 1926.1205 – Permitting process.
- 1926.1206 – Entry permit.
- 1926.1207 – Training.
- 1926.1208 – Duties of authorized entrants.
- 1926.1209 – Duties of attendants.
- 1926.1210 – Duties of entry supervisors.
- 1926.1211 – Rescue and emergency services.
- 1926.1212 – Employee participation.
- 1926.1213 – Provision of documents to Secretary.
The federal regulations have a specific definition for confined spaces in the construction industry. For construction work, according to 29 CFR §1926.1202, Confined space means a space that:
- Is large enough and so configured that an employee can bodily enter it;
- Has limited or restricted means for entry and exit; and
- Is not designed for continuous employee occupancy.
Duties of Care for Construction Site Confined Spaces
With the federal regulations, there are special defined duties for several different authorities on the construction site. They include (1) authorized entrants; (2) attendants; (3) entry supervisors; and (4) rescue and emergency services.
For instance, 29 CFR 1926.1209(a) states that the entry employer must ensure that each attendant “[i]s familiar with and understands the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;” and that he or she must, pursuant to 129 CFR §1926.1209(d), “[r]emain outside the permit space during entry operations until relieved by another attendant.”
Among the attendant’s duties (1926.1209(f)) is to assess the activities and conditions inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:
- If there is a prohibited condition;
- If the behavioral effects of hazard exposure are apparent in an authorized entrant;
- If there is a situation outside the space that could endanger the authorized entrants; or
- If the attendant cannot effectively and safely perform all the duties required under this section.
Liability for Failure to Keep Construction Workers Safe in Confined Spaces
Construction sites in Indiana and Illinois may require a worker to enter a confined space despite its known dangers, in order to get the job done. Both the construction worker, as well as all those in positions of authority on the site, and those with possession, custody, or control of any aspect of that job site, should be well-versed in the exact hazards existing in that particular space.
The confined space regulations are clear and specific. Permits may well be required as an additional safety step before any work can begin in the confined space area.
For any construction worker who is seriously injured or killed in a construction accident involving a confined space, there must be a thorough investigation into the incident to find out what duties of care were ignored or breached. Several different entities may share legal liability for the tragic event.
According to OSHA, not only the (1) controlling contractor; but the (2) host employer; and all the (3) entry employers all have legally established duties of care to workers entering confined spaces on a construction site. Other third parties may also have legal liability, including the owner of the premises; and manufacturers of any defective products involved in the incident.
For more on worker injury claims, read:
- Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
- Employer’s Duty to Protect Against Worker Confined Space Accidents in 2022
- The High Risk of a Deadly Confined Space Accident on the Job
- Premises Liability and Workplace Accidents: Third Party Injury Claims
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
Construction workers in Indiana and Illinois are asked to go into construction site confined spaces every day. They have to depend upon those with possession and control of the worksite to protect them from being injured or killed while they are at work in that confined space. If the known legal duties for confined spaces are breached, people can die. Please be careful out there!
