Confined spaces are notorious challenges facing construction workers in all sorts of ways, from having to enter an attic or crawl space in a residential repair, to going down a manhole or into a sewer system in a commercial project. For more, read Confined Spaces in Construction Work: Duty to Protect Workers From Harm.
However, workers in Illinois and Indiana need to be aware of how often confined space hazards arise in all sorts of industries, not just construction, and the very real danger of catastrophic or deadly bodily injuries for one or more workers in a confined space work accident.
What is a Confined Space?
Asked to describe a “confined space,” many industrial workers will likely answer that you know one when you see one. Officially, the Occupational Safety and Health Administration (OSHA) defines a confined space as areas:
…not necessarily designed for people, they are large enough for workers to enter and perform certain jobs. A confined space also has limited or restricted means for entry or exit and is not designed for continuous occupancy. Confined spaces include, but are not limited to, tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, equipment housings, ductwork, pipelines, etc.
Confined spaces are complicated to consider. For one thing, they are commonplace: work may need to be done in all sorts of industrial confined spaces here in our part of the country.
Another factor is the range of employee expertise involved: those entering into that confined space to do their job may be very well trained in a particular trade (think welder) or they may be someone new to the workforce with little education or experience (think cleaner).
Finally, the complexity continues because not all of these confined spaces are given the same kind of regulatory safety protections. Some spaces need a safety permit; some do not. And for those that are regulated prior to entry, different industries have different confined space permit requirements.
Some Confined Spaces Need a Legal Permit
There are federal laws that establish a “permit-required confined space,” where a permit is required before work can be done within the area. For instance, 29 CFR 1910.146(b) demands that employers in general industry must get a permit before employees can enter into the confined space and work within it. A general industry confined space:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and
(3) Is not designed for continuous employee occupancy.
However, there are different and detailed confined space permit requirements for shipyard work (29 CFR 1915.11); grain handling facilities (29 CFR 1910.272); telecommunications (29 CFR 1910.268); and more.
How these apply in Indiana and Illinois will be under the auspices of our respective OSHA State Plans. For details, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
Confined Space Industrial Standards for Employers
There may be industrial standards that help to protect workers asked to do their job in various confined spaces, too. One example here is the American Society of Safety Professionals’ Confined Space Standard for general industry application, cited as ANSI/ASSP Z117.1.
While these industrial standards do not have the force of law, they are important because they can help define the duty of care and safety for a particular company regarding confined spaces on the worksite. If a worker is hurt on the job in a confined space accident, these industrial standards can help explain how those in control, custody, or possession of aspects of the worksite may have breached duties of care to the injured worker, resulting in their harm.
Different Industries With Confined Space Accident Risks
While construction worksites are known for their confined space hazards, there are so many other industrial workers in Illinois and Indiana that face the risk of being seriously hurt in a confined space accident on the job. Consider the following examples:
- Commercial fishermen on our lakes and rivers may face confined space dangers on the job. From Lake Michigan and the Mississippi River and others (e.g., Illinois River, Ohio River, etc.), waterways offer these workers risks involving sewage tanks; refrigeration spaces; slop tanks or holds; ballast tanks; and more. See, OSHA Confined Space Safety on Commercial Fishing Vessels Fact Sheet.
- Farmers and agricultural workers also risk injury in a confined space accident. Confined space dangers in the agricultural industry include grain and feed storage facilities; silos; dump wagons; fermentation vessels; wells; cisterns; dump pits; and manure storage tanks. See, OSHA Fatal Facts: Confined Space Entry on a Farm.
- Those working the food processing industry also face a risk of being hurt or killed in a confined space accident. Of particular concern here is the use of ammonia in food refrigeration. Ammonia is important as a refrigerant in both processing and production of food products; however, it is toxic to humans. Any worker tasked with working in or near confined spaces involving refrigeration equipment is exposed to the risk of bodily injury in a confined space accident. Read, “Ammonia and the Associated Risks of Confined Space Entry Incidents for Food Refrigeration,” written by Darger and published by Food Manufacturing on December 3, 2019.
Employers’ Duty to Protect Against Confined Space Danger
All employers as well as any other party with possession, access, or control of aspects of the worksite must be alert to all dangers on that site and do everything that is reasonable and prudent to keep workers safe on the job. Read, What is the Employer’s General Duty Clause?
When there is a confined space danger, then there should be compliance with all the laws that apply (like getting a permit) as well as understanding and conforming with industrial safety standards. Sadly, these steps may cost money and time and all too often, managers and supervisors will ignore or disrespect these protections with devastating consequences.
Even more should be done by employers when there is a confined space hazard. There should be training for workers and management on the extent of the risks involved. There should be safety protocols in place (including housekeeping, inspection, repair, and maintenance).
And importantly, there should be plans in place in the event there is a confined space accident where a worker is hurt or injured within the space. In some industries, this is required by law. See, 29 CFR 1926.1211, where construction employers must meet specific rescue and emergency service requirements.
Rescue is its own risk. In many of these accidents, not only the injured worker but those who try to rescue that worker suffer catastrophic or fatal injuries. For more, read Confined Spaces: Asphyxiation Risks and the Tragedy of Rescuer Deaths.
Justice for Workers Hurt or Killed in a Confined Space Accident in Indiana or Illinois
In 2019, the failure to comply with legal regulations for permit-required confined spaces was one of the highest safety violations by employers in this country, according to OSHA. Read, OSHA’s Top Ten Serious or Willful Violations of Worker Safety Laws.
Industrial workplaces are famous for being dangerous, and how to protect against confined space accidents is not a mystery. Nevertheless, far too many workers are injured in preventable accidents on the job caused by an employer’s breach in the duty of care and/or neglect or disrespect of safety by other parties on the job site.
For more, read “Navigating the Hidden Dangers of Confined Spaces,” written by Omar Vikin and published by OHS Online on October 11, 2023.
Confined spaces are hazardous not just for the worker required to enter and exit that area, but for anyone who tries to help or rescue someone who is injured in that space. When these tragedies happen, there are both state and federal laws that may provide avenues for justice for those worker-victims and their family members.
For more, read:
- OSHA Warns of Accident Dangers in Illinois’ Food Processing Industry
- Dangers Facing Agricultural Workers in Indiana and Illinois
- The Most Dangerous Jobs in America Are Still the Most Deadly in 2021
- Worker Rights Under Federal Law: OSHA Protections and Employer Violations
- Dangerous Work Site: Your Right to Stop Work to Avoid Injury or Death
- Premises Liability and Workplace Accidents: Third Party Injury Claims.
Confined space dangers exist in a surprising number of industrial worksites here in Illinois and Indiana. Please be careful out there!
