There was a heartbreaking reminder earlier this month about how dangerous and deadly confined spaces can be for workers in a variety of industries. On December 8, 2022, the Occupational Safety and Health Administration (“OSHA”) announced $287,000 in regulatory fines against Belt Construction, an Arkansas construction company, for the company’s failure in protecting its workers from suffocation in a confined space sewer manhole.
The tragedy itself happened last June, in Edmund, Oklahoma. A Belt employee went down twenty feet (20’) into a newly installed manhole to perform testing. He passed out from lack of oxygen. His heroic co-worker, realizing the man was in trouble, bravely went down into the sewer to help him. Sadly, both men perished in that manhole from asphyxiation.
OSHA confirmed the contractor did not test oxygen levels in the manhole before allowing its workers to enter into the confined space. There was simply not enough oxygen in the unventilated workspace for a human being to survive.
That’s not all. Not only did Belt fail to test for sufficient oxygen in the sewer manhole, it also breached its duties of care and safety by (1) not training its workers in confined space entry safety and (2) not providing rescue equipment at the worksite.
From OSHA Area Director Steven Kirby in Oklahoma City:
“Two lives were lost – and family, friends and co-workers are left to grieve – because Belt Construction Inc. failed to follow legally required steps designed to prevent a needless incident like this from happening. Employers assigning people to work inside a confined space must comply with safety standards, including providing and ensuring the use of required safety equipment, and obtain all necessary permits before the job starts to avoid tragedy.”
Most Confined Space Deaths Caused by Asphyxiation
Industrial workers in Indiana and Illinois must be made aware of the risks that come with entering any kind of confined space, from manholes, ducts, grain bins, crawl spaces, or even elevator shafts.
Any workplace area where there may be limited oxygen available to the worker can be extremely dangerous — especially if the employers or supervisors have failed to warn about the hazards.
Sadly, research studies warn that the majority of confined space deaths in this country are caused by lack of oxygen or asphyxiation.
What happens in a confined area without sufficient oxygen? Anytime a human being enters a place where there is not adequate ventilation, the body almost immediately becomes impaired. This is because of the changes in the blood’s oxygen levels.
Without enough oxygen flowing through the blood stream, the brain cannot function properly. Coordination changes. The worker will begin to fumble or stumble. Phones can be dropped. Flashlights can fall.
Simultaneously, the worker’s ability to think clearly and make good decisions will be dulled. They will be confused. They may be unable to find their way to safety even if the door is nearby or the opening is merely a few feet away.
This combination of brain fog and lack of coordination can doom the worker in that confined space. The lack of oxygen will continue to impact bodily functions. Unless oxygen is provided promptly, the worker will faint and die in an asphyxiation fatality.
The most horrific fact in all this: confined space asphyxiation deaths can happen in mere minutes from the time that the worker enters the danger zone.
Sadly, research studies warn that the majority of confined space deaths in this country are caused by lack of oxygen or asphyxiation. For more, read “Four Minutes: Life and Death in Confined Spaces,” written by Sandy Smith and published by EHS Today on June 6, 2017 .
Most Confined Space Fatalities Are Heroes Trying to Rescue Endangered Workers
Another horrible reality of confined space accidents is that the majority of workers who perish in a workplace confined space are those who are trying to save someone else.
Rescuers make up the greatest percentage of confined space fatalities in this country.
According to OSHA and the National Institute for Occupational Safety and Health (NIOSH), around sixty percent (60%) of confined-space deaths are rescuers. NIOSH findings also warn that almost a third (29%) of these deaths involve supervisors, with none (0%) of the confined spaces having any ventilation and none (0%) of the spaces being tested for viability before a human was allowed to enter.
For more, read McManus, Neil. “Atmospheric Hazards and Fatal Accidents in Confined Spaces.” Safety and Health in Confined Spaces. CRC Press, 2018. 1-37.
Justice for Confined Space Accidents in Indiana and Illinois
Of course, confined spaces are hazards that have been recognized by safety agencies and those advocating for worker victims and their families, as well as by legislators in the passage of safety regulations.
In Indiana, Illinois, and the rest of the nation, OSHA regulations apply to confined space hazards both in specific industrial worksites as well as general workplaces (29 CFR §1910.146). Confined spaces in shipyards, for instance, must meet the safety standards of 29 CFR §1915 Subpart B. Construction site confined spaces are covered by 29 CFR §1926 Subpart AA.
For more, read our earlier discussions in:
- Employer’s Duty to Protect Against Worker Confined Space Accidents in 2022
- The High Risk of a Deadly Confined Space Accident on the Job
- Confined Spaces in Construction Work: Duty to Protect Workers From Harm
- Grain Industry Mill Workers Face Great Dangers of Injury or Death on the Job: Explosions, Suffocation are Real Risks
- Lone Workers: Employer’s Duty of Care.
However, the reality today is that all too often, employers and site supervisors will fail to meet their duties of safety and care before allowing workers to enter a confined space on the worksite. Farm workers will be allowed into dangerous grain bins with tragic results. Marine welders will be asked to work underwater to fatal ends. Construction workers will enter ducts, shafts, or manholes never to return.
When these tragedies happen, they will likely be preventable accidents where simple steps by the employer or contractor could have stopped the horror from happening. State laws in these situations provide avenues for justice under worker’s compensation laws, as well as personal injury laws based upon negligence, defective products, and premises liability. Damages may be awarded including disability payments, death benefits, lost wages, lost future earning capacity, and more.
For more, read:
- Workplace Safety and OSHA Regulations in Indiana and Illinois
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
Any worker entering into a confined space on an industrial worksite in Illinois or Indiana faces the risk of dying in a fatal on-the-job accident where tragedy can strike in a matter of minutes due to an employer’s or contractor’s breach of safety and care. Please be careful out there!
