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Blizzard Dangers to Workers and Employer’s Duty of Care

Blizzard warnings are forecast for Illinois and Indiana over 2022 Christmas Week.  According to the meteorologists at AccuWeather, an “expansive snowstorm” will build into a “powerful blizzard” with “dangerous and life-threatening conditions.”  They warn that the biggest risks will come from the storm’s high winds, cold temperatures, and heavy snow. 

Of particular concern: this winter weather will bring our local area something called a “bomb cyclone.” This is described as a rapidly strengthening storm (within 24 hours) bringing winds that “swirl at high speeds at the storm’s center.”  Wind speeds might reach 70 – 80 mph by the weekend. 

For more, read “Winter storm to evolve into bomb cyclone as it produces a blizzard in Midwest,” written by Alex Sosnowski and Courtney Travis and published by AccuWeather on December 21, 2022. 

Blizzards in Illinois and Indiana

Chicago will deal with blizzard conditions on Friday, December 23, 2022.  Local news reports warn that the worst winter weather will be felt through that evening, with strong winds and frigid temperatures as the greatest hazards.  They predict “significant lakeshore flooding” and power outages – particularly in northwest Indiana.  Read, “Winter Snowstorm to Bring Frigid Temps, Chance Of Blizzard-Like Conditions Ahead of Christmas,” published by NBC-Chicago on December 19, 2022. 

Indianapolis will begin experiencing wind gusts up to 55 mph with heavy snow on Thursday night.  Wind chill may reach -28 degrees.  The blizzard conditions are forecast to hit northwest Indiana by Thursday night and continue through the next day.  Read, “Winter storm watch: flash freeze, heavy snow, frostbite threat,” written by Gregg Montgomery and published by WISH-TV on December 20, 2022. 

What is a Blizzard?

A specific winter weather storm is classified as a “blizzard” in meteorological terms.  As explained by the National Weather Service, for a blizzard to exist, there must be (1) snow (falling or blowing); (2) wind speeds at a minimum of 35 mph; and (3) snow and wind conditions that reduce visibility to a maximum of 25% of a mile for at least three (3) consecutive hours. 

Blizzards are notorious for creating extremely dangerous working conditions.  Snow, sleet, rain, ice, and wind can combine with very cold temperatures to form significant on-the-job hazards such as:

  • Wet slippery surfaces (e.g., walkways, ramps, stairwells, etc.);
  • Iced slippery surfaces (e.g., walkways, ramps, stairwells, etc.);
  • Iced roadways (e.g., driveways, warehouse or factory traffic lanes, rural roads, interstates);
  • Loss of visibility due to snow, sleet, etc.;
  • Less control of vehicles, equipment, or footing due to high winds or wind gusts; and
  • Falling objects or debris due to high winds.

Working in Severe Winter Weather: Employers Have Responsibility for Worker Safety

Of course, work will not come to a full halt during this blizzard week.  Workers in all sorts of jobs will be expected to find their way to the workplace and perform their tasks as best they can during these conditions.

Recognizing this, the Occupational Safety and Health Association (“OSHA”) has provided guidance for employers to follow when asking employees to work in “severe winter weather conditions.”   This is because, as OSHA points out, employers must protect their employees from “winter weather related hazards” which are “causing or are likely to cause death or serious physical harm to them” pursuant to Section 5(a)(1) of the Occupational Safety and Health Act of 1970.

Workplace Safety Practices When Working in a Blizzard

Among the steps that employers should take when asking workers to come to work during a blizzard, according to OSHA, are the following:

  1. Worker Training in Advance of the Blizzard: Provide training for workers in advance of the dangers of blizzard conditions in their particular line of work and how to keep safe.  This includes things like protecting against cold stress; avoiding downed and dangerous power lines; and safe driving practices on iced and windy roadways.
  2. Blizzard Equipment Ready to Go:  Equipment and engineering controls should be readily available during the blizzard on the worksite.  This includes things like radiant heaters; wind shields; de-icing machines; de-icing materials; and aerial lifts and ladders.
  3. Blizzard Safety Protocols in Place: Safety protocols should be in place for blizzard situations.  Employers should have planned and prepared for the extreme weather in advance to keep workers safe on the job by: (1) having any special tools and equipment that may be needed on site and ready to use; (2) having limited work schedules; (3) limiting shift work; (4) having extra relief workers to help those tasked with demanding jobs during the blizzard; and (5) rescheduling projects as much as possible outside of the blizzard conditions.
  4. Worker Protections: Personal protective equipment (“PPE”) should be provided for all workers asked to do a job in a blizzard.  Employers should make sure that workers have at least three (3) layers of warm clothing, for better insulation.  PPE should cover the face, mouth, and ears.  Insulated and waterproof boots, as well as insulated and waterproof gloves, should be worn. 

Blizzard Dangers for Worker Accidents in Indiana and Illinois

A blizzard is a high-risk situation for the entire community, but for those who work during blizzard conditions the risk of a serious or deadly work accident is extremely high.  Some industries will halt or limit work schedules while the blizzard passes through our part of the country.  Others will continue in operation, because of profit-motivated employers, public need or safety, etc.

For anyone working during blizzard weather conditions, they should be warned and protected by their employers of the accelerated hazards that include:

  • Slip and Fall on Worksite Walking Surfaces 
  • Slip and Fall from a Height (Roof, Ladder, Scaffold)
  • Motor Vehicle Accidents – Industrial Trucks (Forklifts)
  • Motor Vehicle Accidents – Big Rigs, Semis, Tractor-Trailers
  • Motor Vehicle Accidents – Delivery Vans (Amazon, UPS, FedEx, etc.)
  • Cold Stress Injuries (Frostbite, Hyperthermia).

Justice for Worker Accidents During Severe Winter Weather Conditions

For most of us in Indiana and Illinois, blizzards are almost traditional each year.  Working during severe winter weather is part of what we do, and lots of workers consider dealing with bad weather a part of the job.

Nevertheless, workers in Indiana and Illinois should be aware that their employers have a legal duty to protect them from being harmed or hurt during extreme weather conditions.  Blizzards create special responsibilities for companies who hire people to help them make their profits to keep those workers safe on the job when there is heavy snow, frigid cold, and high winds. 

For anyone severely hurt on the job during a blizzard or severe winter storm in Indiana or Illinois, there are state laws that provide avenues for justice if an investigation into the incident reveals a breach in this legal duty of safety and care. 

State workers’ compensation benefits may be available.  Other claims may apply based upon product liability or negligence laws – especially if third parties are shown to be legally liable, such as the landowner; manufacturer or designer of particular site equipment that failed; etc.

For more, read:

The December 2022 Blizzard may be fierce, but any employer asking a worker to perform a task during these conditions should be just as ferocious in ensuring that the worker is safe from the blizzard’s many hazards.  Sadly, there may be employers who put profits over people and employees will be hurt.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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