Construction work in Illinois and Indiana is notoriously dangerous and high-risk regardless of the project. Commercial; residential; industrial; institutional; mixed-use; or heavy civil: the construction project scope and scale may vary, along with uses of building materials and heavy equipment. Nevertheless, anyone working on any construction site in our part of the country faces scandalously high risks of serious or deadly injuries on the job.
For more, read: What Is The Most Dangerous Job in Indiana and Illinois? and Construction Workers in Indiana and Illinois Deserve Respect for Working One of the Most Dangerous of Jobs.
Employers and their insurance carriers, as well as safety agencies and those advocating for worker-victims and their loved ones, not only know that construction is unacceptably dangerous for workers today, but that there are numerous safety laws and industrial standards designed to protect these workers from being hurt or killed. They are all too often ignored or disrespected on the jobsite, with tragic results.
See, Construction Worker’s Risk of Dying on the Job Jumps 41% According to New Report and Fighting Fatal Falls on the Job: OSHA’s First National Emphasis Program.
July 2023: Proposed Rule to Force Employers to Provide Construction Workers with PPE that Fits
This month, the Department of Labor revealed that yet another new safety rule has been proposed to try and keep construction workers safe on the job. 88 Fed. Reg. 138. Comments are invited through September 18, 2023.
From the Executive Summary (88 Fed. Reg. 138, at 46707):
OSHA is proposing to revise its Personal Protective Equipment (PPE) standard for construction, at 29 CFR 1926.95(c), to explicitly state that PPE must fit properly to protect workers from workplace hazards.
It is shocking to think this rule is considered necessary because of its basic tenet. The newly proposed federal safety regulation will require employers to make sure that the personal protective equipment (“PPE”) provided to construction workers actually fits them properly.
Obviously, this means that construction workers are currently working with employers and others in possession, custody, or control of the jobsite that – assuming they provide PPE – are so callous as to fail in making sure the PPE is the right size and actually fits the worker being asked to work in harm’s way.
Current Federal Regulations Do Not Mandate That Construction PPE Must Fit the Worker
Amazing to realize – and vital for construction workers and their loved ones to understand – is that federal law does not mandate that these endangered workers be given PPE that fits them correctly. The proposed regulation seeks to fix that loophole. It will amend 29 CFR 1926.95(c) to require that PPE fit properly to protect construction workers from workplace hazards.
When PPE does not fit the worker, then how effective can it be in protecting the construction worker from harm? How sad it is that employers cannot be assumed to understand this basic reality, and that regulatory action is needed to better protect our workers.
From Occupational Safety and Health Administration (“OSHA”) Assistant Secretary Doug Parker:
“If personal protective equipment does not fit properly, an employee may be unprotected or dangerously exposed to hazards and face tragic consequences. We look forward to hearing from stakeholders on this important issue as we work together to ensure that construction workers of all genders and sizes are fitted properly with safety gear.”
Dangers of Ill-Fitting Construction Worker Personal Protective Equipment
Within the proposal comes a great deal of information regarding the dangers of ill-fitting construction PPE. Consider the following, quoting from the proposal:
- Properly fitting PPE is a critical element of an effective occupational safety and health program. PPE must fit properly in order to provide adequate protection to employees.
- Improperly fitting PPE may fail to provide any protection to an employee, may present additional hazards, or may discourage employees from using such equipment in the workplace.
- PPE is worn by employees to minimize exposure to hazards that can cause severe injuries and illnesses in the workplace. These injuries and illnesses may result from contact with chemical, radiological, physical, electrical, mechanical, or other hazards.
- PPE includes many different types of protective equipment, such as hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, hearing protection devices, respirators, coveralls, vests, and full body suits.
Key here is the explanation to construction powers-that-be of the obvious:
- PPE must fit properly in order to provide adequate protection to employees.
- If PPE does not fit properly, it can make the difference between an employee being safely protected or dangerously exposed.
- In some cases, ill-fitting PPE may not protect an employee at all, and in other cases it may present additional hazards to that employee, and to employees who work around them.
- For example, sleeves of protective clothing that are too long or gloves that do not fit properly may make it difficult to use tools or control equipment, putting other workers at risk of exposure to hazards.
- The legs of protective garments that are too long could cause tripping hazards and impact others working near the worker with improperly fitting PPE.
- The issue of improperly fitting PPE is particularly important for smaller construction workers, including some women, who may not be able to use standard size PPE.
- Fit problems can also affect larger workers, especially with regard to the size of certain harnesses.
Keeping Indiana and Illinois Construction Workers Safe from Catastrophic or Deadly Work Accidents
Under the OSHA-approved State Plans of Indiana and Illinois there must be a state amendment that is “at least as effective as” the new amendment, or show that an existing state standard covering this area is already “at least as effective” as the new federal amendment. 29 CFR 1953.5(a). Both Illinois and Indiana have six months from the promulgation date of the finalized federal regulation to comply.
Right now, there is nothing keeping construction employers from making sure the PPE worn by workers on their particular projects actually fit the workers. For instance, the General Contractor is free today to make sure every worker on the construction site is wearing properly fitting steel-toed shoes, hard hats, or regulators.
- For more, read: Hard Hats and Worker Injuries on the Job in Illinois and Indiana; Serious or Deadly Workplace Accidents: Evolving Legal Standards for PPE Work Shoes; and Personal Protective Equipment and Serious Industrial Accidents
Unfortunately, all too often construction workers are not being provided PPE on the job, or the PPE that is given to them does not fit properly. This is creating shockingly obvious risks of injuries for these workers.
For construction workers that are hurt or killed in a work accident, both state and federal laws may provide avenues for justice that force all those with legal liability for the incident to bear responsibility in the form of civil damages for what has transpired. This may extend not only to the worker’s immediate employer, but to several third parties involved with the construction project.
For more, read:
- Legal Protection for Construction Workers from High Risk and Danger of Serious Injury or Death on the Job
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Who Can Be Held Liable for Construction Worker Accidents?
- Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
Construction work is inherently dangerous. Failing to provide construction workers with properly fitting hardhats, harnesses, gloves, glasses, and other PPE is infuriating and insulting. Nevertheless, this is happening daily and leaving workers at risk of harm. Please be careful out there!
