In 2023, as a volcano erupts on the big island of Hawaii not long after the horrific Maui fires and Hurricane Idalia swept through several states on the east coast, things seem pretty calm here in Illinois and Indiana in comparison. However, the reality in our part of the country is that extreme natural weather hazards can happen here that can cause widespread suffering and loss of life.
Tornadoes, Blizzards, Thunderstorms, Flooding, Winds; even Hurricanes and Earthquakes
In Illinois, for instance, severe weather dangers include tornadoes, flooding, blizzards, ice storms, and powerful thunderstorms that bring lightning strikes, flooding, hail, and high winds. Indiana shares these weather hazards, with Indiana University also warning against heat waves and earthquakes, in addition to winter weather risks as well as tornadoes and flooding.
We felt the aftermath of Hurricane Ike in 2008, considered one of the worst natural disasters in the State of Illinois with 112 deaths attributed to it. And the southern portions of both Illinois and Indiana lie atop the New Madrid Seismic Zone, which produced an astounding series of magnitude 7 and 8 earthquakes in 1811-1812 that caused an amazing amount of damage throughout the area with reverberations felt as far away as New Orleans. Researchers warn that our area routinely experiences earthquakes in the magnitude 4 range, and another major (7-8) earthquake is inevitable.
It would be nice if everyone in our communities could be safe at home with their loved ones when these natural disasters strike; however, many of us can be expected to be at work or traveling to/from our jobs when these emergencies arise. And in these situations, employers have a duty to protect workers from harm in every reasonable and prudent way they can.
September is National Preparedness Month
Accordingly, we applaud the national campaign to educate everyone on the need to be ready in advance for these calamities begun in 2004 by the Federal Emergency Management Agency (“FEMA”). Observed every September as “National Preparedness Month,” the goal is preparation for both natural and man-made disasters that are life-threatening.
Illinois’ much-respected National Safety Council, recognizing the need to prepare for these emergencies, provides online safety tip sheets for advanced preparation for earthquakes, floods, hurricanes, tornadoes, and fires. The NSC also advises downloading the FEMA app for additional information. The National Weather Service, as a participant in this month-long campaign, advises everyone to access both (1) Wireless Emergency Alerts and (2) NOAA Weather Radio in the event of a natural disaster or weather emergency.
The National Weather Service also warns of the need for advanced preparation for man-made disasters, such as terrorist attacks and active shooter situations.
For more, read: Duty of Businesses to Protect You from Active Shooter in Indiana or Illinois.
Employer Preparations for Workplace Safety in Emergencies
Employers have a general duty of safety and care for all their workers that applies to all aspects of the workplace, from protecting against falls on the construction site to keeping workers safe from chemical explosions in transport, warehousing, and manufacturing. Read, What is the Employer’s General Duty Clause?
The duty to protect workers on the job also extends to having plans and preparations in place well in advance of a natural or man-made emergency. Read, “Preparing Your Workplace for Emergencies and Worst-Case Scenarios,” written by David Perecman and published by OHS Online on October 6, 2020.
Workplace Emergencies
The Occupational Safety and Health Administration (“OSHA”) defines these situations as “workplace emergencies,” defined as follows:
A workplace emergency is a situation that threatens workers, customers, or the public; disrupts or shuts down operations; or causes physical or environmental damage. Emergencies may be natural or man-made, and may include hurricanes, tornadoes, earthquakes, floods, wildfires, winter weather, chemical spills or releases, disease outbreaks, releases of biological agents, explosions involving nuclear or radiological sources, and many other hazards. Many types of emergencies can be anticipated in the planning process, which can help employers and workers plan for other unpredictable situations.
OSHA oversees a series of federal regulations that create specific legal duties of care in these situations. This will vary by industry and jobsite: see standards for general industry in 29 CFR §1910; for construction in 29 CFR §1926; and for maritime in 29 CFR §1915; 29 CFR §1917; and 29 CFR §1918.
For more, read: How to Plan for Workplace Emergencies and Evacuations, Occupational Safety and Health Administration (OSHA), U.S. Department of Labor (DOL); and Preparedness Planning for Your Business. Federal Emergency Management Agency (FEMA), U.S. Department of Homeland Security (DHS).
1. Emergency Action Plan
As a general rule, all employers should have an “emergency action plan” prepared and in place well in advance of any workplace emergency (see 29 CFR §1910.38 for general industry; 29 CFR §1926.35 for construction; and 29 CFR §1917.30 and 29 CFR §1918.100 for maritime).
- For more, read OSHA Publication 3122, Principal Emergency Response and Preparedness Requirements in OSHA Standards and Guidance for Safety and Health Problems.
An emergency action plan, or “EAP,” is described by OSHA as:
An emergency action plan (EAP) is intended to facilitate and organize employer and worker actions during workplace emergencies and is recommended for all employers. Well-developed emergency plans and proper worker training (i.e., so that workers understand their roles and responsibilities within the plan) will result in fewer and less severe worker injuries and less damage to the facility during emergencies. A poorly prepared plan may lead to a disorganized evacuation or emergency response, resulting in confusion, injury, illness (due to chemical, biological and/or radiation exposure), and/or property damage.
The EAP should have emergency escape procedures and routes, such as floor plans, workplace maps, and safe or refuge areas as well as a way to make sure all workers are safe after an evacuation (roll call; established area for refuge; etc.). There should be a way to let people know of the emergency through on-site alarms; phone alerts; or other means.
2. Expert Assessment of Workplace Preparation
Employers may need to get professional assessments of their facilities as part of preparing to protect people on the jobsite during an emergency. Firefighters may need to provide expertise here, for instance. Experts may need to assess how best to provide alternative power in the event utilities fail, or to establish the best locations for safety in the event of a tornado, earthquake, or high winds.
3. Worker Training
Workers must be made aware of safety procedures and protocols. Signs and signals should be posted that provide emergency services information (including contact information for police; fire; and emergency medical service (EMS)).
Employers may also be well advised to have specific employees tasked with explicit duties in the event of an emergency, such as “evacuation wardens” defined in 29 CFR §1910.38(e); §1926.35(e)(1). These workers are trained in advance to do things like route fellow workers to a safe zone in the workplace, and there should be the necessary number of evacuation wardens on the job during every shift.
Avoiding Worker Deaths in Workplace Emergencies in Illinois and Indiana
While our part of the country may not have volcanic eruptions or routine hurricane disasters, we do face our own natural weather emergencies that are very dangerous and deadly. The blizzards of Illinois and Indiana are famous for their intensity, for instance, and workers can die if left unprotected during these fierce storms.
And, of course, there are our tornadoes. It has not been all that long since several workers perished in an Amazon warehouse facility when an EF-3 tornado moved through Edwardsville, Illinois. Read, “Six people killed in Illinois Amazon warehouse collapse after tornado,” written by Cama Hassan and published by CNN on December 12, 2021.
When a worker is severely injured or killed during a workplace emergency, there must be an investigation to determine if there were any breaches of safety and care duties by the employer or others in possession, custody, or control of aspects of the worksite. Both state and federal law may provide avenues for justice to that worker victim and their loved ones which can include medical expenses, rehab costs, psychological treatment, lost earning capacity, long-term disability, loss of consortium and more.
For more, read:
- Local Amazon Warehouses Under Federal Investigation for Both Worker Dangers and Fraudulent Conduct
- Power-Line Work is One of the Most Dangerous Jobs in the Country
- Winter Weather Accident Deaths: Duty of Care during Winter Weather Conditions
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Injury Claims After a Natural Disaster Like a Tornado or Flood
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life.
As we enter the fall and winter seasons, the risk of a dangerous and deadly workplace emergency increases here in Illinois and Indiana. Workers are to be protected from these risks by those in charge of the worksite. Please be careful out there!
