Fall accidents (slip and falls; trip and falls) are one of the leading causes of death for construction workers. As the acclaimed National Safety Council warns, there is a 700% greater risk for dying from bodily injuries sustained in a fall for those working construction than in any other industrial workplace.
Given the well-recognized dangers of a fatal fall on a construction site, it is understandable that significant number of mandatory safety regulations exist alongside industrial standards and company policies all working towards keeping construction workers safe from a fall accident. Nevertheless, juxtaposed with the shocking NSC fall fatality statistic is that among all the top regulatory violations reported by the Occupational Safety Health Administration (“OSHA”), fall safety regulations are disrespected or disobeyed more often than any other safety regulation in this country.
Consider this: within the 2025 OSHA Top Ten Regulatory Violation list are: Fall Protection, general requirements (29 CFR §1926.501)(no.1); Ladders, construction (29 CFR §1926.1053)(no.3); Scaffolding, construction (29 CFR §1926.451);(no.6) and Fall Protection Training, construction (29 CFR §1926.503)(no.7).
Read, The 2025 OSHA Top Ten List of Most Frequently Cited Workplace Safety Standards: Warning to Workers.
Fall Safety: Personal Protective Equipment for Construction Workers
Arguably the most obvious protection for construction workers on any construction site is the Personal Protective Equipment (“PPE”) they are provided to block a fall. These are called “Personal Fall Arrest Systems” (“PFAS”) and they work alongside things like guardrails or safety nets.
PFAS are defined in 29 CFR §1926.500(b) as follows:
Personal fall arrest system means a system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, a body belt or body harness and may include a lanyard, deceleration device, lifeline, or suitable combinations of these. As of January 1, 1998, the use of a body belt for fall arrest is prohibited.
5 Things Construction Workers Should Know About Personal Fall Arrest Systems
For advocates of worker victims and their loved ones, it is important that construction workers on the job understand hazards and risks associated with their PFAS before a fall occurs. While others may have legal duties of safety and care on the project, a savvy construction worker is alert to the risks they are facing. They should be aware of things like:
1. When Fall Protection Is Required On The Construction Site
There are specific heights that establish the legal duty of a PFAS. In the construction industry, employees tasked with doing work on surfaces (walking surface; working surface) that are at least six feet above a lower level must be provided with a PFAS, guardrails, and/or safety nets. Additional protections exist for hoist areas and other situations. See, 29 CFR §1926.501.
2. Strength and Size of the PFAS
OSHA Regulations mandate that personal fall arrest systems meet certain dimensional and strength criteria in the standard (PFAS components have specific test and installation requirements). Construction workers should be using PFAS that have been inspected and confirmed to meet the terms of 29 CFR §1926.502. This includes things like having connectors that are drop forged, pressed, or forged steel; dee-rings and snaphooks with a minimum tensile strength of 5000 lbs.; etc.
3. Hazard Assessment of the Construction Worksite
Construction workers have the legal right to expect their employer to inspect their worksite and assess the fall hazards that exist there before they are endangered. Your employer must assess hazards as they exist on the particular site. They have to perform a written hazard assessment, and they must provide PFAS that fit the worker. If the construction worker owns their PPE, the employer has the duty to make sure it is adequate for these particular hazards and that it is in good and proper condition (well-maintained.) See, 29 CFR §1910.132.
4. Construction Worker Training and Certification Regarding PFAS
Construction workers are not to work blind: they are to be given training that teaches them to recognize fall hazards, and how to use their PFAS correctly so they stay safe. And their training must be provided by someone who is competent to teach them, with the training documented and retraining provided as needed. See 29 CFR §1926.503.
5. Special Situations on the Construction Site
Each construction site is unique and workers are entitled to have employers that provide site-specific protection. For some, this may involve working with a risk of exposure to electricity or high voltage exposure. In this instance, the employer must make sure the worker has PFAS designed to protect against electricity risks, since a shock or live wire can cause the human body to react in such a way that a fatal fall is the result. Head protection is important as part of fall protection. Construction workers should be protected with helmets that conform with ANSI Z89.1 alongside the proper Type/Class (like Class E for high voltage exposure). A non-insulated hard hat near live conductors is a huge risk. See, 29 CFR §1910.135.
Worker Tips for Construction Worker Fall Protection
Workers are not in control of the project, of course, and there are several different parties that have legal duties of safety and care over their construction site. However, there are some things that a construction worker can do that will help them stay safe from a catastrophic fall.
- Check the PFAS anchorage. The anchor points should comply with 29 CFR §1926.502, and they should not be improvised.
- Inspect the PFAS every day before starting work. Are the hooks okay, or is there a deformed hook? Is there a crack in the hardware? Do not work with damaged gear.
- Does it fit? Harnesses will not keep someone safe if they do not fit properly. Loose fit might be deadly. Harnesses should be adjusted so D-rings sit at the same level as the shoulder blade.
- Employer in violation? Be aware that allowing workers to use defective personal protective equipment, including personal fall arrest systems, means that the employer is in direct violation of 29 CFR §1910.132(e).
Who Has Fall Protection PFAS Safety Duties on a Construction Site?
Workers also need to know that it is not just the construction worker or the employer that provides their paycheck that have responsibilities to keep them safe from a fall accident on the job. There are other parties with legal duties defined in the law.
Parties with legal duties specifically involving proper personal fall arrest systems also include (1) competent or qualified personnel who are training or inspecting; (2) supervisors and foremen on the site; (3) contractors and subcontractors coordinating crews on the site; (4) manufacturers of the equipment; (5) suppliers of the equipment; and (6) owners and designers of the project involved in the design and positioning of things like anchor points and guardrails.
Construction workers hurt in a slip and fall or trip and fall accident on the construction site may think first of filing for workers’ compensation benefits under the state workers’ compensation system, where their employer is legally required to have accident liability coverage for workers hurt on the job. These benefits are often provided fast and without the complications of finding fault. Read, 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana.
However, when there is a failure of a personal fall arrest system in any way, the construction worker victim and their loved ones may find others with legal responsibility for their harm because of their breach of legal duties that contributed to the fall accident and its aftermath.
The OSHA regulatory violations do not form the basis for any legal claims, but they do help advocates establish legal causes of action based upon things like negligence; product liability; defective products; premises liability; etc. For more, see Construction Work Accident Injury Claims and OSHA Regulations.
Falls are known to be one of the most common reasons that a construction worker suffers life-altering or fatal injuries in an on-the-job accident. Understanding the intricacies of the safety regulations designed to protect these workers may help prevent a deadly fall, particularly when the industry is notorious for failing to abide by the regulatory requirements.
For more, read:
- Fatal Falls in Construction Caused by Employers Failing to Plan for Worker Safety
- Construction Worker Deaths: Almost Half of All Construction Fatalities Caused by Falls
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers
- June is National Safety Month: Illinois’ National Safety Council Spotlights Fatal Fall Dangers.
Falls can kill or cause permanent disability to a construction worker in Illinois or Indiana in a matter of seconds. Having proper personal fall arrest systems can make the difference between a minor injury or a blocked fall and a serious injury. Please be careful out there!
