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Rescue and Construction Fall Deaths: Employer’s Duty of Safety

Fatal falls are one of the greatest on-the-job dangers facing construction workers in Indiana, Illinois, and the rest of the country.  This remains true despite confirmation by the Occupational Safety and Health Administration (“OSHA”) that the failure to respect federal safety regulations designed to protect against falls has remained its number one violation for the past twelve (12) years.  For more, read Fall Protection on the Job Remains Top OSHA Safety Violation for 12th Straight Year.

The failure to respect fall safety regulations year after year is disturbing.  Even more so is the reality that the construction industry, and its insurance carriers, have tremendously detailed guidance on keeping workers safe from falling on the worksite.

Federal regulations and industry standards (e.g., ANSI, CSA) provide instruction.  There are many ways workers on construction sites can be kept safe from catastrophic fall accidents.  For one thing, construction industry employers can and should prepare and implement fall safety plans. These employers should likewise understand the proper Personal Protective Equipment (“PPE”) needed on their particular worksite and provide it to their workers.   See, Personal Protective Equipment and Serious Industrial Accidents.

Construction Fall Accidents: The Need to be Ready for Rescue

Construction workers should also be protected against dying in a fatal fall accident by having employers on the construction site ready in advance with proper rescue planning. 

Construction sites should have both rescue training and rescue equipment provided by employers that is sufficient and effective to help the construction worker fall victim in the event of a serious fall accident.

Knowing what to do in the event of an unexpected fall on the construction site can make the difference between that worker victim surviving the fall or perishing from fall injuries.  According to a recent study by respected researchers at the Center for Construction Research and Training (emphasis added):

Rescue training may help reduce fall-related deaths. The odds of a fall being fatal were 76% lower for those who had self-rescue training compared to those who did not have this training.

Read, “Highlighted Findings from a CPWR Survey on Underlying Causes of Falls from Heights,” written by Grace Barlet, Rosa Greenberg, and Jessica Bunting and published by The Center for Construction Research and Training (CPWR), pages 1, 5 (“CPWR Report”).

Rescues on the Construction Site: Need for Both Training and Equipment

There are a number of ways that construction workers can be rescued from a deadly fall incident.  They include both training and equipment at the ready.  Individuals in a construction fall can be rescued by:

  • Aerial lift
  • Bucket
  • Crane basket
  • Emergency Services
  • Hoist
  • Self-rescue
  • Stair Tower or
  • Work Crew.

See, CPWR Report, pages 5, 15.

Rescue training can be provided to workers by the company itself, or by companies that sell specific safety training goods in fall rescue.  Vendors of fall protection safety products as well as manufacturers of fall safety devices both offer rescue training specifically for members of the construction industry.   CRWR Report, p. 8.  

Rescue equipment involves several things, from PPE like harnesses, ropes, helmets, and belts to site equipment such as rails on stairs and belts on buckets. 

There is also the need to understand the relationship between a fall protection device and the training to follow after a fall has happened.  One primary example is when a construction worker has been provided with a harness as part of their PPE. 

Suspension trauma can result if the construction worker wearing a fall arrest system like a harness is not rescued in a prompt and timely manner after a fall.  Suspension trauma is “…a life-threatening event that occurs when a person is “trapped” in a prolonged passive suspension.”

A human being can survive the force of the fall but suffer severe bodily injuries from the pressure of the PPE harness upon his blood vessels and internal organs.  Cutting off or constricting the blood flow can have its own deadly results, even if the PPE has saved the worker from bodily injuries in the fall itself.

Read, Petrone, Patrizio, et al. “Fatal and non-fatal injuries due to suspension trauma syndrome: A systematic review of definition, pathophysiology, and management controversies.” World Journal of Emergency Medicine 12.4 (2021): 253.

The Need for a Fast Rescue

Time is of the essence in any construction site accident, but this is paramount in any construction fall.  Construction workers need to have a quick rescue in order to save their lives or prevent catastrophic and permanent bodily harm. 

It is not enough for the construction supervisor or management to call 911 and then wait for first responders to help the worker who has fallen on the job site.  Safety rescue plans must be in place to protect against injuries like suspension trauma immediately after the fall has happened. 

A worker can be permanently injured or die in a manner of minutes without fast rescue on the worksite, long before the fire truck or EMS can arrive on the scene.  For more, read “Fall Rescue Plans — What to Include and How to Respond in an Emergency,” written by David Ivey and published by OHS Online on August 2, 2021.

Multiple Employers May Share Duty of Fall Safety on the Construction Site

Here in Illinois and Indiana, construction work is one of the most popular ways to make a living.  It is one of the top industrial employers in both states, and sadly it is also one of the most dangerous.   Working in construction is the most dangerous job to have in the State of Indiana.  Read, What Is The Most Dangerous Job in Indiana and Illinois?

It is very important that all construction workers and their loved ones here in our part of the country understand their right to have fall rescue equipment and fall rescue training provided on the job site.  Fatal falls are one of the biggest risks they will face each day they go to work. 

Likewise, it is vital to know that on these construction sites, there may be more than one company or contractor who has a legal duty of care to provide for fall safety protocols that include things like fall rescue equipment and training.  Contractors and subcontractors on the same site may each have a duty to be ready for a fall rescue.  See, Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?

Sadly, construction falls will happen with deadly consequences.  State laws in both Indiana and Illinois will provide these worker victims and their loved ones with avenues for justice through workers’ compensation laws as well as possible third-party claims against others who may have failed in their legal duties of safety.  This might include the site owner; other contractors or subcontractors on the site; architects; engineers; and the designers, manufacturers, or vendors of site equipment.

For more, read:

Construction work is very dangerous and fall rescues must be fast and effective to avoid fatalities.  Please be careful out there!

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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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