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Welding Accidents and Employer Duty of Care for Welder Safety

The Center for Construction Research and Training (“CCRT”) working together with Arizona State University recently released a study into welding workers and their safety on the job. 

Welders face unacceptably high risks of injury or death today, according to these findings. 

Among the key conclusions of this new study are the following concerns for safety agencies and advocates for work accident victims and their loved ones (quoting from the CCRT Study, page ii, emphasis added):

  • Wet slurry vacuum to remove coatings, laser welders, fume extractor guns, third-party occupational studies of employees’ health, and third-party welding fume studies were the least common safety measures provided by companies.
  • Point of operation ventilation/welding fume extractors, wet slurry vacuum to remove coatings, and fume hoods have the lowest perceived levels of adoption (as defined by workers not using or not using the intervention properly).
  • Eye injuries and burns were the most common welding injuries sustained within the previous 12 months.
  • Job/task simplicity and personal preference (or physical discomfort) are the reasons most commonly offered for not using welding safety measures.
  • Welders employed by companies with fewer than 10 employees in the southwestern USA, 57% stated that their company provided general PPE only (such as gloves or protection for the eyes or ears), while 43% stated their company did not provide any safety measures or equipment (welding specific or general PPE).
  • Three common top reasons welders give for not using the safety measures emerged as: convenience/trouble and old habits, job simplicity, and personal comfort.
  • Grinder machine safety is a common concern, as safety protocols with this equipment in related welding operations are commonly not in place (guards removed, wrong size blade for the grinder, etc.).

Read, Sheet Metal & HVAC Safety Intervention Adoption & Best Practices Research, written by Kristen Hurtado, Ph.D. and Kenneth Sullivan and published by The Center for Construction Research and Training, August 2023 (“CCRT Study”).

The Reasons Why Welders May Not Wear PPE on the Job

In this study, reasons were given to researchers for welders not wearing PPE on the job.  Among the welder explanations were that the task was simple or was going to be quick. Sometimes, the welder didn’t use personal protective equipment because of “personal preference” or because the PPE was “uncomfortable” or “inconvenient.” 

However, many of these welders reported (almost half) that they were not wearing personal protective equipment because their employers did not provide PPE to them.  None.  Others said they were provided some protection (e.g., gloves or eye protection) but far from everything recommended or required for hot work safety on the job. 

For more, read “Welders tell researchers why they don’t always wear PPE,” published by Safety and Health Magazine on September 20, 2023.

Moreover, even if the employer does try to get PPE for the workers, women on the job in the construction industry are often faced with personal protective equipment that does not fit: gloves and more (like welding sleeves) are too big for them.  Read “‘I’m not even wearing clothes that fit me’: Women in construction must often wear protective gear designed for men,” written by Jessica Kutz and published by The 19th on August 18, 2023. 

Also read: Shocking New Federal Rule for Construction Worker Personal Protective Equipment (PPE).

Bodily Injury Dangers of Welding Accidents

Welding is dangerous.  There is an exposure to high heat and melted metal as well as hazardous fumes.  Serious or deadly welding accidents can happen in any number of ways. 

Welders understand the risks involved in their tasks, and that common welding accidents can happen in an instant involving:

1. Blindness or Eye Injury

The light from a torch is so bright that it can cause damage to the welder’s eyes.  Dust created during the welding process can also injure the eye.  For more, read Eye Protection against Radiant Energy during Welding and Cutting in Shipyard Employment, published by the Occupational Safety and Health Administration as an OSHA Fact Sheet.

2. Burns or Internal Injuries in Fires and Explosions

Any welding job, no matter how big or small, comes with the risk of a serious fire or explosion caused by a single spark, flame, or electrical arc that comes into contact with flammables (gases, liquids, etc.) on the job site.  This is a particularly high risk for any welder working in a confined space.

3. Electric Burns, Shock, or Electrocution

The arc involved in welding can cause an electric injury to the welder with any arc contact.  Tools and equipment used in the making of a weld can also generate electrical current and cause electric burns or electric injury. 

4. Inhalation Injury

Gases are emitted during welding.  Fumes come from the torch.  Welders are susceptible to inhalation injuries to their lungs and respiratory system.  If the chemicals enter the welder’s bloodstream, they can be deadly.  Examples include aluminum; arsenic; lead; and manganese. For more, read Controlling Hazardous Fume and Gases During Welding published by the Occupational Safety and Health Administration as an OSHA Fact Sheet.

5. Loss of Hearing or Deafness

Welding is noisy.  Welders are at risk of hearing loss because of the decibels they are exposed to while on task.  Over time, this can result in total deafness in one or both ears.  See, 29 CFR 1904.10 and 29 CFR 1910.95.

OSHA Welding Safety Guidelines: Employer Duty of Care and Safety

Employers and their insurance carriers are well aware that there are federal safety regulations as well as industry standards designed to protect workers from welding injuries on the job.  Industrial standards are established by the American National Standards Institute.  Federal safety regulations are overseen by OSHA (or the applicable OSHA State Plan of Illinois or Indiana). 

OSHA mandates welding safety minimums for employers depending upon their industry.  There are different safety regulations for general industry (29 CFR 1910); maritime (29 CFR 1915, 1917, 1918); and construction (29 CFR 1926). 

These safety regulations define the duties of safety and care that employers must meet for any welder in their employ.  For instance, gas welding (1926.350) has different safety requirements than arc welding in the construction industry (1926.351). 

These regulations include the need to provide personal protective equipment to welders, which will depend upon the particular industry as well as the type of welding involved. 

Personal protective equipment for welders should include:

  • Earmuffs or plugs
  • Flame retardant clothing
  • Gauntlets
  • Leather apron
  • Protective shoes/boots
  • Respirator
  • Safety glasses with side shields
  • Safety gloves
  • Welder goggles
  • Welding helmet
  • Welding jacket.

Other Duties for Welder Employers

Of course, OSHA regulations confirm that PPE cannot be the sole protection provided for welders. Explains 1915.1:

Employers and employees should not rely exclusively on PPE for protection from hazards. PPE should be used, where appropriate, in conjunction with engineering controls, guards, and safe work practices and procedures.

Supervisors, managers, and other representatives of employer companies or others with possession, custody, or control of aspects of the workplace should make sure that all welders understand the risks they face with each specific task on the job site, as well as having proper training in welding and on how to use the particular machinery and equipment involved for the job. 

Additionally, there should be a walkthrough of the jobsite before the work begins, with the safety officer checking for things like: sources of high temperatures; electrical hazards; possibility of falling objects; location of other workers during the welding process; and review of past incident data for possible problem areas. 

For more, read 29 CFR 1015, Non-mandatory Guidelines for Hazard Assessment, Personal Protective Equipment (PPE) Selection, and PPE Training Program.

Also read: “Covering the Bases: Welding PPE from Head to Toe,” written by Amanda Smiley and Sydny Shepard and published by OHS Online on April 1, 2020.

Welder Injuries in Indiana or Illinois

For welders in any one of a number of our industrial worksites, from construction to maritime to other general industry work (including manufacturing plants and warehouse facilities), there is no doubt they are working in one of the most dangerous jobs in our part of the country.  Indiana and Illinois welders must go to work in danger of harm that can be life-altering or deadly because of the high heat involved in welding, as well as the molten metal, toxic fumes, bright flames, electricity, and surrounding risks (such as having to work in a confined space). 

Welders on the job in Illinois or Indiana can suffer catastrophic bodily harm that includes:

  • Burns from fire or electricity
  • Cuts
  • Eye injuries
  • Internal organ damage
  • Parkinson’s Disease
  • Permanent lung damage
  • Nervous system damage including brain injury
  • Death.

It must be clear to these welders and their loved ones that personal protective equipment helps protect these welders from harm – and that employers have a duty to provide PPE and to make sure that PPE fits properly and is in good working condition.  Employers have other duties, as well, to their welders.  This includes daily housekeeping of the workplace and safety inspections of the welding job site before welding work begins.

When employers or others in possession, custody, or control of aspects of the workplace breach their legal duties of care to a welder who is harmed in a welding accident, then state and federal law may provide avenues for justice to that welder and their loved ones.  Damages may be provided under workers’ compensation as well as third-party claims based upon negligence, product liability, premises liability, defective products, and more.

Read:

There are few traditions as well respected as welders at the industrial workplace.  All welders perform dangerous tasks and deserve the upmost protection on the job.  Sadly, all too often they are left at risk and tragedy results.  Please be careful out there!

Contact Us

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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