Under the Hard Hat

Author: Jonathan Barnes

  • Protecting skilled trades workers from silica exposure

    Protecting skilled trades workers from silica exposure

    Silica dust is common in construction work due to its presence in cement and other construction materials. Repeated exposure to silica dust can lead to silicosis, an incurable and sometimes fatal lung disease, along with lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. Wearing a respirator, using dust suppression systems, and spraying work areas with water are easy ways to reduce silica exposure.

    Quick look

    • Silica is a natural mineral found in granite, sand, and glass.
    • Silica is found in noncrystalline and crystalline forms, the ladder of which poses serious health risks when inhaled.
    • Exposure to silica dust from construction materials can lead to silicosis and other lung diseases.
    • Wearing a respirator, spraying work surfaces with water, and using a vacuum and ventilation system are easy ways to reduce silica exposure.

    What is silica?

    Silica is a common mineral found in the earth’s crust and in materials like granite, sand, and glass. While there are several naturally occurring forms of silica in nature, there are two primary forms:

    1. Noncrystalline silica 

    2. Crystalline silica

    It’s crystalline silica we worry about when it comes to construction.

    Crystalline silica, also known as quartz, is a common mineral found in many materials. When cut, chopped, ground, or drilled, these materials release dust containing tiny crystalline silica particles. Workers breathe in this airborne silica dust, which poses a major health hazard.

    When inhaled, it can cause severe long-term damage to the lungs. Beach sand and other noncrystalline silica, due to their larger particle size, are not as hazardous to health.

    Silica exposure from concrete dust poses a significant health risk

    Concrete dust is one of the primary routes of exposure for silica. Construction workers who install, amend, or remove cement—or are around others doing it—typically have the highest level of exposure. 

    Some exposure to silica dust is unavoidable in the construction industry, but mitigating exposure by using proper PPE and limiting exposure when possible should be a top priority for workers and company owners. 

    Reducing exposure starts by knowing how exposure occurs. Construction workers are exposed to silica dust in the following ways:

    • Cutting, grinding, or drilling materials containing silica (sand, stone, concrete, mortar, glass, pottery, ceramics, bricks, and artificial stone)
    • Sanding, mixing, or demolishing materials containing silica
    • Being near the activities above and inhaling dust created by the work
    • Inhaling particles trapped in clothing or safety gear
    • Building demolition
    • Power cutting or dressing stone
    • Facade renovation
    • Abrasive or hydro-blasting
    • Dry sweeping or pressurized air blowing
    • Tunneling, excavating, or earth moving

    Silica health effects

    The primary concerns related to inhaling silica particles are lung scarring and silicosis. Silicosis is a non-curable lung disease caused by breathing in tiny silica particles. Over time, exposure causes permanent lung scarring, known as pulmonary fibrosis. As a result, the lungs become less flexible, making it harder to breathe. 

    Once lung scarring has become severe, several symptoms may appear. These may include: 

    • Bronchitis-like symptoms (persistent cough, shortness of breath and difficulty breathing)
    • Weakness
    • Fatigue
    • Fever
    • Night sweats
    • Leg swelling
    • Lip discoloration 

    The longer silicosis goes without treatment, the higher the risk of complications. Silicosis is a disease that affects the immune system, meaning patients are more vulnerable to developing tuberculosis, lung cancer, COPD, and kidney disease.

    Smoking and other lifestyle choices may increase the chances of a worker getting silicosis or lung cancer.

    Protecting yourself from silica dust exposure

    While eliminating the source is the easiest way to reduce silica exposure, that’s not always possible in the construction industry. If you can’t eliminate exposure, you can reduce your risk.

    Protecting yourself and others from silica exposure starts with having a plan to control dust. Ensure workers have the right gear, such as respirators or full face masks, and an ample supply of respirator cartridges.

    Here are five ways to reduce silica exposure on the job.

    1. Wear a respirator

    Respirators help keep harmful particles out of your lungs and should be worn whenever you’re around airborne substances, especially dust. Depending on the type of dust the work creates, different respirators (or cartridges) are used. Make sure you’re using the proper respirator.

    2. Spray work areas with water

    Periodically spraying or misting water where dust is created helps reduce dust levels.

    3. Make a containment area for the dust-creating work

    This approach is sometimes necessary to protect the health of other workers nearby. Create a “tent” with plastic to contain the dust if possible. This option can sometimes be a double-edged sword—it will protect workers outside the work area, but it will increase dust levels for those inside. 

    Pro tip: Always use a vacuum system in a contained area.

    4. Use a vacuuming and ventilation system

    For larger jobs, it is a good idea to have an extensive vacuum system that pulls dust out of the work area and filters the air while expelling it. These systems are required in some instances, such as for asbestos removal. 

    As mentioned, a vacuum and ventilation system may also be necessary in enclosed areas.

    5. Use cement tools with dust suppression systems

    Many power tools used in cement construction have dust controls. Whether a core driller, a table saw, a tamper, or another tool, they’re designed with internal vacuums that remove 80% or more of the dust created. Some tools also use water during cutting or grinding, which suppresses dust.

    Bottom line: Good health is priceless—protect yours

    The important point to remember is that the above measures aren’t something taken from a textbook that isn’t applicable or important to daily life. Construction workers are exposed to a wide array of harmful substances daily, so these are critical measures to take to protect their health.

  • Solving the worker shortage, one employee at a time 

    Solving the worker shortage, one employee at a time 

    Employee retention is an issue for most businesses—especially in the construction field. If you want to keep your employees, show them respect, be grateful and give thanks, offer better benefits and perks, and provide growth and learning opportunities.

    What’s the problem?

    Experts say there is a serious shortage of workers in construction, which is impeding productivity and growth in the sector. 

    With wages stagnant in some areas, even among unions whose pay rates haven’t risen equally on pace with inflation, workers’ dollars just don’t buy as much as they used to. It’s disconcerting and often leads employees to consider finding greener pastures. 

    According to some sources, even with foreign-born immigrants swelling the ranks of the industry by upwards of 30 percent, there remains a need for hundreds of thousands more workers in construction. Some even suggest this lack of available workers is holding the industry back from greater success.

    How to improve employee retention

    Keeping workers content and willing to work starts with respect. Companies that don’t value their employees experience poor morale, and workers are unhappy and unproductive. Plus, employees feel trapped in a competitive market where new jobs are few and far between.

    Contractors must be able to build a competitive business that can pivot with market changes and plan for growth while retaining and attracting dedicated and skilled workers.

    There’s more that can be done to achieve this goal, but contractors must be willing to seek advice. 

    To attract and retain good workers, you need to treat them well and show them respect. Treat them as humans and recognize their success is your success. A company is only as good as its employees.

    While talking recently with a semi-retired union-trained insulator, I asked him how his bosses treated him. He laughed at the question, saying: “My boss treats me great.”

    I’d gleaned as much and more in my past conversations with this old friend, so I pried a bit more. “Does your boss ever give you a bonus for doing a good job?”

    “Of course. All the time,” he said.

    It turns out that his current employer gives him an extra day’s pay as a bonus pretty frequently, simply in gratitude for a job well done. The boss pays him well and also buys him lunch often, too. He treats his employees with respect and gives him an “Attaboy” often to thank him for a job well done.

    In addition to frequent praise, this employee has received gas allowances to help offset the cost of a long commute. Bonuses like these are a regular thing for him, and he was surprised that anyone would take note of them.

    When employee respect and value are commonplace within a company, worker retention levels are likely to be higher. 

    The bottom line: Fair payment, value and respect, and job stability are the forces driving employee retention.

    4 factors that improve retention rates

    Solving the employee shortage in construction doesn’t have to be difficult. Here are a few tips to retain employees and prevent a worker shortage:

    1. Respect. Treat all workers with dignity and respect. Everyone plays a valuable role in the workplace, and despite outside problems, workers show up and put their best effort forward—and that should be recognized.

    2. Gratitude and thanks. Something as simple as “great work today” speaks volumes to employees. People who feel their work is valued are more inclined to work harder and be happy doing it. Recognition and thanks for their effort inspire loyalty and dedication in workers. People need to know their work is valued—and valuable.

    3. Offer perks. Whether mileage payouts, lunch, or a year-end bonus, investing in the happiness of your employees is a direct investment in your company. Small actions can have a big impact.

    4. Growth opportunities. Retaining workers is tricky, but retraining good workers is even trickier. If you want them to stay, incentivize them. Offer learning or training opportunities, better pay, or equity in the company. When employees have a reason to stay (and they’re happy doing their job), they will.

  • Business spotlight: Canvas robot revolutionizing drywall installation

    Business spotlight: Canvas robot revolutionizing drywall installation

    San Francisco-based construction robotics firm Canvas offers a robot drywall finisher that replaces a professional drywaller. Seeing savings for customers and increasing their sales, large contractors and materials suppliers have partnered with the 7-year-old startup.

    Founders’ mechanical engineering backgrounds

    Canvas’ drywall finishing robot was born from the extensive robotics background of its co-founders, CEO Kevin Albert and CTO Maria Telleria. They hold a master’s degree and a Ph.D. in mechanical engineering from the Massachusetts Institute of Technology (MIT), respectively. 

    Albert has 20 years of experience in robotics. Telleria is the lead author on eight patents and five patent applications for Canvas systems and is co-inventor on three other patents related to pneumatic robots.

    Launched in 2017, Canvas’s technology is intended to mechanize the craft skill of drywall finishing by systematizing how a wall is sprayed and sanded to create a seamless finish. The tool is designed to help contractors complete projects faster, more economically, and with assembly line-type precision.

    “Canvas was founded with the motivation to bring advanced robotic tools to construction,” said Telleria. “We are passionate about creating new tools that protect workers from repetitive work, dust exposure, and risk of working at heights.” 

    Unlike many tech tools for construction, this one was partly informed by Albert’s work in construction in high school and college, as well as the expertise of longtime construction professionals who have helped in the technology’s development.

    “Kevin did some construction work in high school and college, so he is aware of how hard it can be on the body. But we also knew that we needed experts to create a robotic solution that really met the needs of the taper. So early on, we brought on both advisors and employees who had construction experience,” Telleria said.

    How Canvas works

    The Canvas robot uses computer vision and Artificial Intelligence (AI) to recognize different seam and wall types. Operated by a worker, the robot enables workers to produce predictable and consistent finishes in a fraction of the time it takes for a worker to do so manually. The machine also makes the work safer for workers, removing 99% of the dust created with drywall work.

    Efficiency is another place the robot shines, enabling workers to finish more drywall in less time without being physically worn out. Repetitive movements in construction, like completing overhead tasks for long periods of time, can lead to physical strain and, sometimes, serious injuries.

    Canvas-1550
    Canvas-1200CX

    For those unfamiliar with drywall finishing, it’s some of the most physically demanding work in construction. It is also dusty and often hot work. The finishing process is itself a semi-craft, requiring a skilled worker to tape, spackle, and sand the seams, ensuring the finish is clean and consistent.

    It’s not intended for amateurs, but Canvas’ robots easily tackle the work.

    “Our robotic systems have mm-level precision. Most importantly, they produce consistent results,” Telleria said.

    Having a robot that can provide Level 4 or 5 finishes without error, as Canvas does, could be a great time- and back-saver for contractors. 

    Growing corporate partnerships

    Industry leaders have embraced canvas technology in contracting, materials supply, and manufacturing. In March 2023, Canvas announced that equipment manufacturer Hilti would produce its robotic machines.

    In May 2023, Canvas partnered with USG Corp., a well-known American manufacturer of drywall and other construction materials.

    “The partnership leverages two major technical advances: onsite robotics from Canvas and advanced building materials expertise from USG.,” a USG press release said. “These organizations joined forces to collectively innovate and address chronic labor shortages, schedule and budget overruns, quality inconsistencies, and productivity and safety issues that have continuously challenged the drywall industry.”

    The partnership enables Canvas to further refine its technology to produce the best customer results.

    “The Canvas materials process team has been working with USG for more than a year to enable high-quality surface finishing with current materials and are developing next-generation materials,” said Dr. Srinivas Veeramasuneni, Chief Technology Officer, USG.

    In 2022, Daley’s Drywall & Taping, Inc. and Nevell Group Inc. both signed multi-machine, multi-year leases for priority access to the Canvas technology. Since then, the wall and ceiling contractors have operated Canvas robots on their work sites.  

    ”We very clearly see the writing on the wall for the future of the drywall finishing industry,” Daley’s Drywall & Taping Vice-President Jonathan Hughes said in a press release announcing the partnership. “It tells us that we need to embrace automation sooner than later, as in right now.”

  • Tutor Perini gets $48 million Alcatraz renovation contract

    Tutor Perini gets $48 million Alcatraz renovation contract

    Alcatraz, the infamous prison that once held Al Capone and other notorious villains, is getting a $48.6 million renovation led by general contractor Tutor Perini. The upgrade will stabilize and refurbish much of the main prison building, ensuring the safety of future tourists visiting the island prison in San Francisco Bay.

    Tutor Perini is a major civil, building, and specialty construction company. Its subsidiary, Perini Management Services Inc., received the contract from the National Park Service as part of the Alcatraz Island Historic Structures Stabilization and Rehabilitation Project.

    Alcatraz Prison was built as an Army prison by the U.S. Army in 1909 after it razed a previously existing fort on the island. Its desolate remoteness, reputation for being a prison that no prisoner could ever successfully escape from, and the historic criminals it once housed have inspired writers, photographers, and artists globally. It welcomes 1.4 million tourists annually.

    Tutor Perini was contracted to address the deterioration of the Alcatraz Main Prison Building, including remediating structural problems. The scope of work includes replacing steel reinforcement in the walls, strengthening concrete foundation walls, repairing exterior windows, installing storm windows, and removing hazardous materials in the building’s exterior walls.

    Renovations will also strengthen the structure’s ability to withstand earthquakes. This will be accomplished in part by fixing the deteriorating exterior walls and repairing concrete foundation walls, making the building weather-tight with new windows, and replacing spalling concrete.

    The project is expected to begin in July 2024 and be mostly completed by the summer of 2027.

  • Are stricter regulations needed for interior gas line removal work?

    Are stricter regulations needed for interior gas line removal work?

    The May 28 gas line explosion in Youngstown demonstrated the risks of having untrained workers removing natural gas lines. The calamity killed one person and injured seven, spawning one lawsuit and likely several more, which begs the question: are stricter regulations needed for the removal of interior gas lines?

    Ignorance causes calamitous blast

    In the Youngstown explosion, three unsupervised workers cut into a natural gas line in an occupied mixed-use building’s basement, thinking the line was abandoned. After the third cut, they realized the gas line was still charged with gas and alerted authorities and building occupants. Even still, a bank employee was killed in the explosion just six minutes after the third cut.

    According to Rich Boyarko, training director for Plumbers and Pipefitters Local 396 union in Youngstown, it shouldn’t have happened. Best practices understood by union-trained plumbers would’ve prevented it from happening if they’d been doing the work.

    Before line removal, double check

    Although a trained plumber isn’t required to remove natural gas lines inside a building (the lines are the building owner’s responsibility, not the utility company’s), even untrained workers should understand how to do such work safely. Trained plumbers know to confirm the status of a pipe before removing it, and to re-confirm that confirmation.

    According to news reports, the Youngstown workers were told before removing it that the gas line that later caused the explosion was long abandoned and inactive. But it’s unlikely they even checked the utility company valve for the line, Boyarko said, because the valve was in the street. “There’s no way I would touch a line unless I can see that valve is shut off,” he said.

    Still, more than one plumber contacted for this story said that confirming the line’s supposed inactive status by simply checking the valve isn’t enough.

    “As far as a plumber or anybody touching those utility lines, you would never cut into a line that you have not confirmed is dead. You’d always look to see that it’s shut off, but you need to confirm [with the utility company] on top of that,” Boyarko said.

    Best practices for gas line removal

    Taking the boss’s word that a line is dead is foolish, according to trained plumbers, including Boyarko and others. “I’ve seen guys hurt because someone told them the line is dead, and it wasn’t. Even if the valve is shut off and you’ve seen it, you don’t know if that valve is broken,” Boyarko said.

    In addition to checking the valve to determine the status of the line to be removed, a worker should check with the utility company to confirm that the line is truly inactive.

    Jim Gerard, a retired master plumber with 30+ years of experience, said other precautionary steps should be taken to prevent an explosion. Gerard’s recommended best practices include:

    • Shutting off the line at the service meter (valve)
    • Cutting and plugging the gas line at the first seam in the line in the building’s interior

    Unfortunately, due to the often decrepit infrastructure of utilities throughout the nation, catastrophes like the Youngstown explosion might still happen even when best practices are followed. Because of the age of many gas lines, even the utility company may not have the correct understanding of their status due to their antiquated nature. A utility’s schematic of the building’s gas lines might not be accurate, or it might have been created so long ago that it’s lost and unable to be located.

    Don’t mess with explosives

    Natural gas is a highly explosive gas that’s combustible with even the smallest ignition source. As shown in the unfortunate case of a 27-year-old Chase Manhattan Bank employee killed in the Youngstown blast, dealing wrongly with any type of gas can quickly turn deadly, in addition to causing millions in property damage.

    As kids, we are taught not to play with fire and to steer clear of explosives like firecrackers and M-80s, both of which can seriously injure people. Regardless of their training level, workers should use similar caution when working around or removing gas lines, understanding that one wrong move could be disastrous.

    After all, when cutting into a natural gas line, it’s not simply a hunk of steel pipe that’s at stake. One wrong decision could cost people’s lives—and livelihoods.

  • Cordish Companies unveils $1.4 billion Petersburg project

    Cordish Companies unveils $1.4 billion Petersburg project

    The Cordish Companies, a U.S.-based real estate development and entertainment operating company, recently announced a $1.4 billion mixed-use development in Petersburg, VA, including over 670,000 square feet of gaming, hotel, dining, and entertainment space.

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    04_PetersburgVA_Live! Gaming & Entertainment District_04.jpg

    The project, dubbed Live! Gaming & Entertainment District is a mixed-use project. The developer expects to generate billions of dollars in economic benefits and associated development, create thousands of new jobs locally, and become a tourist destination. 

    “The details unveiled […] show what the City’s vision is for this type of project and why we wanted to work with Cordish as the developer,” Petersburg Mayor Sam Parham said. “An important part of our selection process was to identify a partner with a proven track record in developing and operating mixed-use and casino properties, a long history of revitalizing cities across the country, and strong community engagement practices. Cordish is the only company, of the many we consulted with, that showed Petersburg a plan that goes beyond a casino and gives us a path to revitalize our city.”

    Cordish has developed casino entertainment resorts in the U.S., including the Hard Rock Hotel & Casino Hollywood, FL, the Hard Rock Hotel & Casino Tampa, FL, Live! Casino & Hotel Maryland, Live! Casino & Hotel Philadelphia, and Live! Casino Pittsburgh.

    The real estate developer has been honored with seven Urban Land Institute Awards for Excellence for its urban revitalization accomplishments. 

    “Live! Gaming & Entertainment District will be a catalyst for change and significant urban development, will transform the city by creating a thriving entertainment and hospitality attraction for the entire Region, and provide first-class amenities for the local community while generating spin-off economic development, creating thousands of new jobs for area residents,” Chief Operating Officer of The Cordish Companies, Zed Smith said.

    05_PetersburgVA_Live! Gaming & Entertainment District_04.jpg
    03_PetersburgVA_Live! Gaming & Entertainment District_04.jpg

    Live! Casino & Hotel will be built in phases over 15 years and, according to a press release by Cordish, will generate: 

    • $3.6 billion in economic stimulus to the Region 
    • $675 million in gaming tax revenues, including $214 million to the City 
    • $350 million in economic spend during construction 
    • $220 million in annual economic benefits each year after opening 
    • Over 4,000 new construction and permanent jobs

    Features of the world-class casino resort destination will include:

    • More than 670,000 square feet of first-class gaming, hotel, dining and entertainment space 
    • An upscale 200-room hotel featuring 20 suites, a resort pool, and a fitness center 
    • Over 2,000 slots and electronic table games and 60 live-action table games
    • Sportsbook 
    • State-of-the-art event center for entertainment, meetings, conventions, and social gatherings 
    • Over a dozen best-in-class dining and entertainment options 
    • Free surface parking

    The project will include 4 million square feet of mixed-use development, with more than 1,300 residential units, 500 hotel rooms, and 600,000 square feet of retail, dining, and entertainment space.

    According to Cordish Companies, the development will generate over $10 billion in economic stimulus, $1.1 billion in total tax revenues, and 10,000 jobs. 

  • B.C. construction labor shortage good for workers

    B.C. construction labor shortage good for workers

    A construction labor shortage in British Columbia is increasing workers’ wages, but it may also slow contractors’ ability to start new projects. Regardless, the province’s construction sector is still robust, as it has been for several years, according to the BC Construction Association (BCCA).

    Activity is high but slower

    The Spring 2024 BCCA Construction Industry Stat Pack and BCCA’s annual BC Construction Industry Survey Report (published in April) say demand for construction projects is still high in British Columbia, with $160 billion in major projects underway. That’s a hike of $3 billion in work over the past six months and a 39% increase in activity over the past five years.

    Still, it’s a lower level of activity than a year ago. In the Spring of 2023, B.C. had $221 billion in proposed construction projects—a 30% decrease from the $160 billion in current construction activity.

    The shortage of skilled construction workers may be partly responsible for that gap, but other factors, including late payments for contractors and even delayed return of project liens, also seem to be squeezing growth.

    Wages up and increasing

    Wages are increasing for B.C. construction workers due to a labor shortage, but not as much as they should be, given mandated minimum wage pay rates. Construction wages continue to trend up as they have for years and may continue in that direction for a while.

    About three-quarters (77%) of employers reported increasing wages in the past year. This ongoing trend has been a boon for workers, with the average annual wage in the province’s construction sector jumping 21% over the past five years to $74,853. Even so, the average entry-level wage for construction workers is still only $22.11/hour. However, the average wage of tradespeople with a decade or more of experience is $42.71/hour, according to the survey.

    While that wage might seem rosy to some in various parts of the continental U.S. and Canada, it’s not a great wage, especially in B.C. The province’s minimum wage, while seemingly high compared to minimum wages in many U.S. states, is currently $17.40 per hour. That means the physically demanding and often emotionally straining work of construction is being remunerated at just 25% above B.C.’s minimum wage.

    Even so, it’s a movement in the right direction for workers struggling to stay afloat due to low wages.

    In recent years, Canada has been instituting increases in its minimum wage. So, it’s possible that increases in starting hourly rates for construction workers are moving up in relation to wages generally—i.e., wages are adjusting to a new low threshold mandated by law and might continue to adjust as the construction labor market tightens due to increasing wages and competition for workers in other sectors.

    According to some sources, some construction workers in the U.S. make as little as $24,000 annually.

    Prompt payment laws needed

    While more than nine of ten B.C. construction employers are small businesses with less than 20 employees, industry players are messing with their money and likely impeding growth in construction.

    Most contractors surveyed reported being paid late for completed work, and three-quarters said they hadn’t gotten their 10% lien holdbacks promptly. Disturbingly, 62% of contractors reported not being paid on at least one occasion for work completed in the past year.

    These payment problems are resulting in contract disputes. Overall, more than a third of construction companies—17% of small, 36% of medium-sized, and 42% of large companies—said they’d been in a contract dispute in the past year.

    B.C.’s small and medium-sized construction companies are worried about permitting and inspection timelines and the lack of prompt payment legislation.

    The provincial government continues to fail to deliver on prompt payment legislation, BCCA said in a press release. “As BC’s contractors wait months for payment, they experience significant financial risk and take on the increased cost of debt, which can put them in danger of bankruptcy. They are put in the position of “financing” construction projects, including the housing BC desperately needs.”

    “We have asked the Eby government time and time again to respect the hard-working people and small business owners of BC’s construction industry by ending payment uncertainty through Prompt Payment Legislation,” states Chris Atchison, BCCA President.

    The construction industry still projects a deficit of 6,600 skilled workers by 2033, but that shortage has improved over the past five years. A decade ago, a projected shortfall of 26,100 workers was estimated for 2023.

    Despite 9% growth in the number of B.C. construction companies in the past five years (28,014), the number of tradespeople in the industry has dropped by 7% (167,300). The average company size shrunk by 15% over the previous five years to an average of 5.97 skilled trade workers, the BCCA report states.

  • Pregnant Workers Fairness Act protects workers with pregnancy-related conditions

    Pregnant Workers Fairness Act protects workers with pregnancy-related conditions

    The new Pregnant Workers Fairness Act helps employees with pregnancy-related health conditions by ensuring they’re offered fair accommodations at work that allow them to continue to work without penalty due to their condition. This new law mandates employers to provide “reasonable accommodations” for a worker’s known limitations due to pregnancy, childbirth, or “related” medical conditions unless the accommodation will cause the employer an “undue hardship.”

    What PWFA means to workers

    The law is intended to end discrimination against employees whose ability to perform at work is affected by pregnancy, childbirth, or a related medical condition such as postpartum depression or abortion.

    The law went into effect in June 2024 and applies only to accommodations for workers who are themselves pregnant, who may get pregnant, or who may have been pregnant—it does not apply to their partners or co-parents.

    The definition for this protected class also includes workers who may be getting an abortion or who’ve recently had an abortion. Types of organizations it affects include all public and private companies with 15 or more employees.

    So, an employer must allow reasonable accommodations not only for a worker who’s experiencing symptoms from pregnancy that require accommodation—such as more frequent and longer bathroom breaks or a later start time to account for morning sickness—but also for those who are getting or recently had an abortion. Another instance of necessary accommodation for employees in this regard might include providing a safety coat or other protective equipment worn at work that fits the employee’s larger size during or after pregnancy.

    Some took issue with the abortion provision when this new law was proposed. Now, such an employer-provided worker accommodation might include time off needed for an employee to undergo the procedure or recover.

    However, the new provision provides that some employers may be exempt from following the new law if they would suffer “undue hardship” as a result. This might include employers who put a worker on leave because the employee can no longer perform the job duties properly and could jeopardize co-workers when attempting to do the work.

    PWFA builds on existing federal laws

    Preexisting U.S. federal law prohibits employers from discriminating against this class of employees. The Pregnancy Discrimination Act and the Americans with Disability Act protect these workers, and the Pregnant Workers Fairness Act builds on those statutes.

    Workers are protected against pregnancy-based discrimination and harassment at work under federal law and may have a right to work changes, enabling them to do their jobs without jeopardizing their health.  

    Under the Pregnancy Discrimination Act, employers are not allowed to discriminate against an employee based on specific medical conditions. An employee cannot be rejected for a job or promotion, given lesser assignments, forced to take leave, or fired based upon the fact that:

    • The employee is pregnant
    • The employee was pregnant
    • The employee could become pregnant or plans to become pregnant
    • The employee has a medical condition that is related to pregnancy
    • The employee had an abortion or is considering having an abortion

    An employer does not have to keep a person in a job where they cannot do it or in which an employee performing the job would pose a significant safety risk to others. That provision has its limits, though, in terms of worker protection. 

    An employer also cannot remove an employee from a job or put an employee on leave because the employer thinks the work will pose a risk to the employee or the employee’s pregnancy.

  • Worker receives $900k settlement for busted hip

    Worker receives $900k settlement for busted hip

    Allowing hazardous construction site conditions ruined a young union operating engineer’s hip, damaging his livelihood, and cost those he sued $919,000 for injuries. 

    The settlement, won in early June by Chicago injury law firm GWC, resulted from a lawsuit led by GWC partner Michael D. Fisher and attorney Autumn K. Leslie. It includes a complete waiver of the worker’s compensation lien, which totaled $189,000.

    Poor site conditions injured worker

    The successful lawsuit resulted from a November 2019 accident where a 27-year-old union operating engineer working on a site in Willow Springs, Illinois, was hurt when he tripped and fell while stepping over a silt fence in muddy conditions. The lawsuit was filed against a large pipeline operator, charging that it didn’t identify and rectify hazardous conditions and activities on the worksite.  

    The suit was also filed against the project’s general contractor for failing to provide safe access around the job site without requiring workers to step over the silt fence, which caused the plaintiff to fall.

    Companies deny blame for serious injury

    The plaintiff in the lawsuit suffered a torn labrum in his left hip and aggravated the underlying impingement in his left hip. The injury required surgery, putting the plaintiff out of work for almost a year.

    Both defendants claimed they acted reasonably in identifying and addressing hazards. They also claimed the plaintiff’s injuries were his fault for choosing to step over the silt fence.

    “While the defendants conceded nothing, we were able to show, one witness at a time, how their failures directly caused our client’s fall,” GWC partner Michael D. Fisher said.

    A pattern of neglect established

    The lawsuit demonstrated that the defendants didn’t do enough to identify and address the hazardous conditions on the job site and were responsible for the fall that seriously injured the plaintiff.

    Various workers made daily efforts to stabilize muddy ground on the job site before the plaintiff’s fall, but this didn’t fix the problem. 

    “Defendants testified that there were alternative routes available; however, when workers who were at the job site on a daily basis testified that there were no alternative routes for the work our client was doing without stepping over that slit fence, it became clear that this incident was inevitable and defendants were going to need to pay,” attorney Autumn Leslie said.

  • Families of workers killed, injured at U of Chicago Hospital sue

    Families of workers killed, injured at U of Chicago Hospital sue

    The families of one ironworker killed and another injured at the University of Chicago Hospital construction site are suing Turner Construction Company and Adjustable Forms Inc. for negligence. 

    The first lawsuit was filed on behalf of Jeffrey A. Spyrka, an ironworker who fell over 100 feet when a scaffold at the University of Chicago Hospital’s new cancer center project failed in high winds. A second lawsuit, filed for the family of David O’Donnell, a technical engineer who suffered fatal injuries in the fall, was also filed in mid-June.

    Partners of the Chicago-based law firm GWC Injury Lawyers, Louis C. Cairo, Louis Anthony Cairo, and Michael D. Fisher represent both lawsuits. They seek redress for the workers’ deaths and/or injuries. The Spyrka lawsuit names Turner Construction Company, alleging that the GC failed to take appropriate safety measures to ensure the scaffold system that surrounded all sides of the core of a new building was safely and properly erected.

    The Spyrka lawsuit alleges that Turner caused scaffold work to continue at great heights on the building’s exterior when high winds were known to be occurring. The suit says these dangerous conditions were ignored, risking the safety of the men working on the scaffolding.

    The Spyrka lawsuit also names Adjustable Forms, Inc. as a second defendant. The company built a concrete form pouring system with a trailing scaffold set up 20 feet below the form pouring section but improperly built the scaffold system. 

    The suit alleges that the scaffold was so shoddily built that the corners could separate and move under any condition, especially the pressure of high winds. According to the lawsuit, an Adjustable Forms representative assured workers that the scaffold system raised to the 9th floor was safe to work on despite weather conditions. 

    David O’Donnell was the last worker to reach the scaffold, stepping onto it and briefly talking with Spyrka and another Ironworker near the southwest corner of the scaffold. Soon after, a gust of wind separated the southwest corner of the scaffold, causing the southerly scaffold section to swing violently away from the wall. Spyrka and O’Donnell were tossed over eight stories to the ground.

    Spyrka, 36, and his wife, Ashley, have been married for eight years. They have three children under six years old. He has extensive experience as a Local 1 Ironworker and has an impeccable safety record. 

    “The fact that Jeff survived this fall is nothing short of a miracle and a testament to the fine medical doctors who are treating him 24 hours a day in ICU at the same hospital where this horrific work accident occurred,” stated a press release from the law firm. “Nonetheless, he has suffered life-altering, catastrophic injuries as a result of this fall.”

    “The Spyrka family is thankful that those efforts have saved Jeff’s life, although they mourn the loss of David O’Donnell, who was a friend, a building trades brother, and an amazing young man,” GWC said. “For years, David worked side by side with countless Ironworkers doing the layout work for their trade work. His passing is mourned by the members of both those in the Technical Engineers division of his Local 130 union, as well as the many Ironworkers in IW’s Local 1.”

    Jeffrey Spyrka, pictured with his family, survived a fall from scaffolding on June 6 while working on a construction site at the University of Chicago Hospital.

    O’Donnell, 27, is survived by his parents, David and Christine O’Donnell, and his brothers, Brendan (32), Kevin (26), and Patrick (20). O’Donnell was trained as a technical engineer in the Apprentice Training Program with Local 130 and has since worked for his father’s company.

    David O’Donnell, 27, died after being thrown from scaffolding more than eight stories to the ground.

    “He has been groomed by his boss/father/dear friend, Dave Sr, to ultimately take over the company business. Dreams and aspirations have been shattered in the O’Donnell family as a result of this incident,” the GCW Law firm press release said.

    Turner Construction did not answer requests for comments on this story. Lombard, IL.-based Adjustable Concrete did issue a statement.
    “We are aware of the recent filings and continue to be deeply saddened to learn of this accident. We offer our sincerest condolences to the loved ones of those affected. Safety is integral to what we do, and Adjustable Concrete is partnering with Turner Construction to support a full investigation into this matter alongside the Occupational Safety and Health Administration. We are deeply grateful to the University of Chicago Medical Center doctors and all first responders involved,” Eric Lindquist, PE, President of Adjustable Concrete, said in a statement on the accident.