Illinois and Indiana workers in the warehousing and distribution industries are well aware of how risky their workplaces can be for anyone on the job. However, these workers and their loved ones may not realize that federal warnings confirm that their workplace brings more danger of injury on the job than any other private worksite today, including the notoriously dangerous construction industry.
- For more on warehouse risks, read our earlier discussions in: Amazon Warehouse Workers: Risk of Severe Bodily Injury or Death on the Job as OSHA Investigations Continue; Warehouse Accidents: Workers in One of the Deadliest Jobs in Indiana and Illinois; and Deadly Dangers Rising for Warehouse Workers in Indiana and Illinois;
New National Emphasis Program on Warehousing and Distribution Center Operations
The danger is so great that the federal government is taking special action to protect these workers from the risks they face. Last week (July 13, 2023), the Occupational Safety and Health Administration (“OSHA”) Directive Number CPL 03-00-026, entitled “National Emphasis Program on Warehousing and Distribution Center Operations,” became effective (“Directive”).
What does it do? The Directive explains at the start:
This Instruction describes policies and procedures when inspecting warehousing and distribution center operations, mail/postal processing and distribution centers, parcel delivery/courier services, and certain high injury rate retail establishments.
Why this concern? The risk of injury for these workers has become higher than for workers in any other industry. Not even known high-risk jobs like roofing or commercial trucking face the possibility of being hurt on the job as much as someone doing their job in the warehousing and distribution industry. Directive page 3.
What are the accident dangers? Workers in warehousing and distribution centers are at great danger of severe or fatal work injuries caused by (Directive page 3):
- struck-by accidents
- caught-in-between incidents
- slips, trips, and falls
- blocked aisles dangers
- means of egress risks
- powered industrial vehicles and other material handling equipment
- heat hazards
- and ergonomic hazards.
OSHA warns:
[W]orkers in warehousing and distribution centers, United States Postal Service processing and distribution centers, couriers and express delivery services, and local messengers and local delivery industries suffer higher nonfatal injury and illness rates than the average rate in all private industries.
The new Directive applies OSHA-wide. It lasts for three years. For state plans like those adopted by Illinois and Indiana, procedures must be implemented that meet or exceed the federal program with a Notice of Intent due to be filed 60 days from the effective date of July 13, 2023. OSHA Directive, page 2.
- For more on our state plans, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
New Safety Measures Aim to Protect Workers in Specific Worksite Locations
Of importance to workers in our local warehouses and distribution centers, as well as safety agencies and advocates of injured workers and their loved ones, are the specific worksites that are now a prime safety focus of safety inspectors.
Workers throughout Indiana and Illinois working in the following should expect safety inspectors on their work sites pursuant to this new OSHA Directive. Workplaces targeted by the July 2023 NEP include (Directive pages 4-5):
- Warehouses (general warehouses; refrigerated warehouses; farm product warehouses)
- Storage facilities (including general; refrigerated; farm products)
- Distribution centers
- Mail processing and distribution facilities
- Postal processing and distribution facilities
- Parcel delivery (local delivery; express delivery)
- Courier services (including local messengers)
- High injury rate retail establishments.
What will the inspectors do? The new National Emphasis Program (“NEP”) for warehouses and distribution centers will involve “comprehensive safety inspections” as a general rule. These are big deals because they allow for “wall to wall” inspections of the workplace.
There is an exception. If a “high injury rate retail establishment” is involved, then the NEP mandates partial inspections of (1) storage facilities and (2) loading areas but the inspections can go into other areas if the inspectors find evidence of dangers (“violative conditions”) in other parts of the establishment.
What is a “high injury retail establishment” under the new NEP Directive? OSHA explains these are the following jobsites (including their North American Industry Classification System (“NAICS”) codes (Directive, page 5):
- 444110 – Home Centers
- 444130 – Hardware Stores
- 444190 – Other Building Material Dealers
- 445110 – Supermarkets and other grocery stores
- 452311 – Warehouse Clubs and Supercenters.
What are the Safety Inspectors Targeting in the NEP Inspections?
All NEP inspectors are to be on the lookout for specific, known dangers known to exist in warehouses and distribution centers, with OSHA providing as examples:
- powered industrial vehicle operations
- material handling/storage
- walking-working surfaces
- means of egress
- fire protection
- heat hazards
- ergonomic hazards.
If the NEP inspection reveals either heat risks or ergonomic hazards, the NEP directive requires a health inspection of the warehouse or distribution center.
Justice for Indiana or Illinois Workers Hurt on the Job in Warehouse, Storage, Distribution, Courier Services, Grocery Warehouse Stores, Supercenters
Things are very serious for many workers in our part of the country, from those working in Amazon distribution centers to food product warehouses and those involved in courier services or employed as delivery drivers. Even workers in places like grocery club supercenters are included here.
In the news release from the Department of Labor announcing this new NEP comes the explanation that as the warehousing and distribution industry has grown very quickly in the past decade, safety practices have not kept up with the expansion. The Bureau of Labor Statistics research confirms that “injury and illness rates for these establishments are higher than in private industry overall and, in some sectors, more than twice the rate of private industry.”
Today’s reality is that workers in these sectors face more than twice the risk of harm on the job as those employed in other private industries. Employers are simply failing in their known legal duty of care to keep workers safe on the job.
From OSHA Assistant Secretary Doug Parker:
“Our enforcement efforts are designed to do one thing: lead to permanent change in workplace safety. This emphasis program allows OSHA to direct resources to establishments where evidence shows employers must be more intentional in addressing the root causes of worker injuries and align their business practices with the goal to ensure worker health and safety.”
For those worker victims who are seriously injured or killed in a warehouse industry workplace accident, there are state and federal laws that may provide justice to that warehouse worker and their loved ones including coverage of medical care expenses, lost wages, and more.
Every worker has the right to have an independent investigation of their situation by advocates where expertise in things like accident reconstruction and long-term medical and psychological care needs can be provided. Each case deserves its own consideration and respect.
For more, read:
- Illinois Worker Warnings of Deadly Risks on the Job in Recent OSHA Citations
- Workers Beware: BLS Reports Highest US Worker Death Rate in 5 Years
- Premises Liability and Workplace Accidents: Third Party Injury Claims
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life.
Working in our local warehouses and distribution centers, including being employed as a courier, messenger, delivery driver, or in a warehouse club grocery store, has never been more dangerous than it is today. It is hoped that the new NEP helps to lower the dangers faced by these workers here in Illinois and Indiana. Please be careful out there!
