Presentation is loading. Please wait.

Presentation is loading. Please wait.

Top 10 Crane & Rigging Losses Recognizing & Avoiding The Risks Presented by NBIS Insurance & Risk Management Team: Michelle Lorenz – Manager, Litigation.

Similar presentations


Presentation on theme: "Top 10 Crane & Rigging Losses Recognizing & Avoiding The Risks Presented by NBIS Insurance & Risk Management Team: Michelle Lorenz – Manager, Litigation."— Presentation transcript:

1 Top 10 Crane & Rigging Losses Recognizing & Avoiding The Risks Presented by NBIS Insurance & Risk Management Team: Michelle Lorenz – Manager, Litigation & Claims Cliff Shepherd – Supervisor, Claims Billy Smith – EVP, Risk Management Acknowledgement to Jim Wiethorn, PE of HAAG Engineering for the Accident Scene Photos & Re-enactments

2 OSHA’s Crane & Rigging Fatalities Not surprisingly, in 2001, OSHA determined that the construction industry had the 3 rd highest fatality rate among all 9 major economic sectors. – OSHA investigated 7,479 construction fatalities from – Average 623 fatalities per year on construction sites… over 50 people per month! Crane Related Fatalities on Construction Sites – Represented 8% of construction site fatalities Nearly 600 crane related fatalities on construction sites – 84% of crane related fatalities involved mobile cranes with lattice and telescopic booms, truck or crawler mounted cranes/derricks. Reason for OSHA’s recent re-writing of its crane & derrick standards Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

3 OSHA’s Crane & Rigging Fatalities Using OSHA’S fatality investigations from 1997–2003, the study’s authors analyzed 125 Fatalities to assess: – Proximate Cause of Accident – Victim’s Occupation – Work site’s End Use Function – Construction Operation being Performed by the Crane – Evaluation of Safety Program of Victims’ Employers – Union vs. Non-union – Type of Crane involved in the Fatal Event – Number & Type of OSHA citations by proximate cause – Training & Certification of Operators – Experience of the Victim – Presence of a Competent Person on Site – Type of Rigging Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

4 OSHA’s Crane & Rigging Fatalities Proximate Causes of OSHA Fatalities involving cranes & derricks during lifting operations. 1.Failure of Boom/Cable 2.Crane Tip Over 3.Electrocution 4.Struck by Load (other than failure of boom/cable) 5.Falls 6.Crushed During Assembly & Disassembly of Lattice Booms 7.Struck by Cab/Counterweight What didn’t Cause any OSHA Fatalities: – Two blocking – Takeaway from this: Crane Manufacturers play a significant role in minimizing fatalities by developing safety devices Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

5 OSHA’s Crane & Rigging Fatalities – Causation Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

6 OSHA’s Crane & Rigging Fatalities - The Victims Occupations of Fatality Victims: 1.Crane Operator = 10% 2.Rigger/Laborer = 54% 3.Ironworker = 9% 4.Other General occupations including carpenters, welders, masons, truck drivers, etc = 21% Considering the Proximate Cause of the Fatalities … – The most commonly killed worker was always the Rigger/Laborer – Ironworker fatalities were caused almost exclusively by being struck by the load – Nearly ½ of crane operator fatalities occurred when cranes tipped over Skilled vs Unskilled Victims – Fatalities to Ironworkers and Crane Operators were far less than unskilled workers – Study doesn’t detail union vs non-union Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

7 OSHA’s Crane & Rigging Fatalities – The Victims Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006) Cause of Crane Fatality Crane Op Rigger- Laborer Iron- worker OtherUn- known % Totals Struck by Load % Electrocution % Crushed during A/D % Boom/Cable Failure % Crane Tip Over % Struck by counterweight % Falls120002% TOTAL by Occupation % by Occupation10%54%9%21%6%

8 OSHA’s Crane & Rigging Fatalities – The Crane Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

9 OSHA’s Crane & Rigging Fatalities – Type of Operations Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

10 OSHA’s Crane & Rigging Fatalities – Serious Citations Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006) Section Description of Serious or Willful Violations# 550 (a)(15)Operating proximate to power lines where electrical distribution & transmission are energized (b)(2)Failure to instruct employees to recognize unsafe conditions (b)(2)Crawler cranes failed to meet applicable design standards (a)(19)Failure to keep employees clear of suspended loads & loads about to be lifted (a)(1)Employer’s failure to comply with manufacturer’s specifications 17 Items in Red = Serious Citations Common in NBIS Data

11 OSHA’s Crane & Rigging Fatalities – Conclusions As a result of this OSHA study, the authors concluded: – Crane operators and riggers should be qualified & re-qualified every 3 years thereafter – Crane safety training must be provided to specialty trade crafts before they are allowed to work around cranes during lifting operations. – A “diligent” competent person should be in charge of all aspects of lifting (in accordance with as defined in 29CFR f ) – OSHA should improve its system of collecting information during fatality investigations WE AGREE! But, we also recognize that we have different data! Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

12 OSHA’s Fatality Data vs. NBIS Accident Data Sample Size of Data – OSHA data only includes 125 crane accidents over 7 years – NBIS data includes appx 500 crane accidents in 1 year alone Severity of Injury & Type of Damages – NBIS analyzes all types of bodily injuries, not just fatalities – NBIS includes property damage claims, not just bodily injury claims Type of Victim – OSHA data may not properly characterize different types of Victims (i.e. Ironworker vs Rigger) – No Signalmen – Lumps together different “general occupations” Sophistication of Crane Operator & Crane Company – NBIS data is exclusive to experienced crane & rigging companies & operators – OSHA data includes C&R specialists but also generalists like GC, tree companies, etc Mobile Crane – Auto Motor Vehicle Accidents – NBIS includes those often occurring accidents going to & from a jobsite Actual vs Potential Exposure – NBIS analyzes not just actual catastrophic accidents but potential catastrophic damages from “minor” accidents Location of Accident – NBIS data includes All Crane Related Accidents not just construction sites

13 OSHA Data vs NBIS Data - Similarities Overload Conditions are a frequent cause of Structural Failures to Boom & Crane Stability/Tipping Rigging Failures are very common Crane Stability Issues are very common Being Struck by Load is very common – Common cause: Load dropping – Common cause: Rigging Failure Assembly-Disassembly Accidents are very common – Cause of both High Frequency of Accidents & High Exposure Damages When electrocutions do occur, the most common cause is similar: failure to maintain required clearance Lattice boom cranes are involved in more accidents than telescoping boom cranes

14 OSHA Data vs NBIS Data – Differences Common Causes unique to OSHA Data – Often reflects inexperience of generalists involved in crane operations – Examples: Structural Failure of Crane – 12% of OSHA fatalities Improper Assembly & equipment damage – Appx 10% OSHA fatalities Struck by Cab & Counterweights Electrocution is far more common in OSHA data – 27% of OSHA Crane Related Fatalities – Boom contact & cable contact are far more common in OSHA data Common Causes in NBIS Data – Reflecting unique nature of lifts done by Crane Experts – Often indicative of conditions outside the Crane Operators’ Control – Examples: Wind Related Accidents significant with NBIS – Only 1.6% of OSHA data Falls

15 What are the Top 10 NBIS Crane Accidents? 1.Improper Rigging 2.Ground Collapse 3.High Wind Conditions 4.Load Over Capacity 5.Load Swings into People or Property 6.Load or Crane Crushes or Pinches People 7.Landed Load Not Properly Secured 8.Tools & Supplies Dropped from Overhead 9.Inadequate Number of Counterweights 10.Crane – Auto Accidents

16 What are the Top 10 NBIS Crane Accidents? For each of these Top 10 Accidents: – Examples of What Happened – Some of the B30 Duties – Issues Impacting the Defense of the Lawsuit What the NBIS Data is and isn’t – Not a Top 10 frequency list – Not a Top 10 severity list – It is “common trends” we see in claims – It includes a combination of most frequent, most exposure, most severe BI, most severe PD – It is Intended to be a “What to Watch For” in your own Safety Programs

17 1. Improper Rigging - Examples Improper Rigging Causes Dropped Loads – Load shifts or slips out of rigging – Load Slices Rigging Straps – Shock loads Examples of Improper Rigging: – Frequent Accidents from Improper Use of Softeners Failure to Use Softeners Softeners slip Softeners are Inadequate – Frequent Accidents from Improper Rigging Configuration Rigging Configuration not Proper for Load Load Capacity of Rigging Equipment not sufficient Failure to Use Manufacturer’s Lifting Lugs & Lifting Configurations – Defective Straps not a common cause of accidents but common allegation

18 1. Improper Rigging – B30 Duties Crane Operator – B30 – Not responsible for conditions not under his DIRECT CONTROL – Ensuring load & rigging weights have been provided & calculating net capacity for all configurations – Understanding BASIC load rigging procedures. – But, Crane Operator & Oiler can’t get involved in rigging then claim no involvement in accident If concerns re dangers of lift, crane operator MUST shut down lift Document if Lift Director overrides Crane Operator’s Concerns Riggers & Lift Director – Most often the cause of the accident – Lift Director’s B30 Duties Load must be properly rigged & balanced Stop unsafe crane operations Address/overrule operator’s concerns re unsafe conditions Ensure rigging is performed by designated personnel Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director

19 2. Ground Collapse – Examples Examples – Often catastrophic outcome – Crane Tips when outrigger sinks Load dropped Crane causes damages when it tips – Crane’s Outrigger punctures underground utility Underground Water & sewage lines Gas line explosion

20 2. Ground Collapse – B30 Duties Crane Operator – Duty to know what type of site conditions adversely affect crane operations & consulting with lift director Lift Director – Ensure area for crane operations is adequately prepared Site Supervisor – Ensure area for crane is adequately prepared – Address poor soil conditions that may impact crane’s operations

21 3. High Wind Conditions – Examples Examples – Sail Effect on Load – Wind Tunnel Effect not Assessed Structure under construction Structures surrounding lift – Operating Too Close to Capacity in High Wind Locations Offloading at docks Wind Farms – Tag lines Failure to use tag lines Improper # of tag lines Reliance exclusively on Tag Lines for huge loads or big winds – Delay in Shutting Down Lift after Operator remarks on Wind Conditions

22 3. High Wind Conditions – B30 Duties Site Supervisor – Address wind velocity, gusts & other weather conditions that impact crane’s operations Lift Director – Ensure area properly prepared & addressing safety concerns raised by operator Crane Operator – Using load charts to determine correct crane configuration to suit load, site & lift conditions – Communicating adverse site conditions & factors re crane capacity to lift director – Consider Manufacturer’s recommendations for securing the crane in storm warning exists – Shut down lift if unsafe conditions

23 4. Load Over Crane Capacity – Examples Wrong Info programmed into LMI Wrong load weight provided by Customer – Inadvertent error or transcription of numbers – Liquid or other substance still in tank etc Improper # of Counterweights – Too few of counterweights utilized – No counterweights used on extremely light loads at long distances Often with very experienced operators Often day-end accidents

24 4. Load Over Crane Capacity – B30 Duties Crane Operator – Use load charts to confirm correct crane configuration for load, site & lift conditions – Ensuring load & rigging weights have been provided & calculating net capacity for all configurations Lift Director – Load must be properly rigged & balanced – Stop unsafe crane operations – Address/overrule operator’s concerns re unsafe conditions – Ensure rigging is performed by designated personnel Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director

25 5. Load Swinging into People & Property - Examples Often occurs – Blind Lifts or Partial Blind Lifts – Inexperienced or Inattentive Signalmen – Hand signals or radio signals fail Operator’s Failure to Control Load – Usually an allegation that load not moved smoothly Riggers’ Failure to Control Load – Load swings during rigging – Load swings when being landed Riggers push/pull load – Taglines Insufficient or Improperly Used

26 5. Load Swinging into People & Property – B30 Duties Crane Operator – Operating the crane’s functions – under normal operating conditions -- in a smooth & controlled manner – Knowing standard & special signals – Not engaging in activity to divert his attention – Not responsible for conditions not under his DIRECT CONTROL – Understanding BASIC load rigging procedures. – If concerns re dangers of lift, crane operator MUST shut down lift Riggers & Lift Director – Most often the cause of the accident – Lift Director’s B30 Duties Load must be properly rigged & balanced Stop unsafe crane operations Address/overrule operator’s concerns re unsafe conditions Ensure rigging is performed by designated personnel Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director

27 6. Load/Crane Crush & Pinch Points - Examples Examples – Crane Injures People Crane’s Pinch points – Outriggers – Crane Cab (not common) – Load Injures People Improperly secured load shifts Riggers use hands to control or move load

28 6. Load/Crane Crush & Pinch Points – B30 Duties Crane Operator – Observing outriggers or using signalperson to observed during extension, setting & retraction – Not responsible for conditions not under his DIRECT CONTROL Riggers & Lift Director often the cause Lift Director’s B30 Duties – Restrict unauthorized access to crane’s work area – Load must be properly rigged & balanced – Appointing competent signalperson – Stop unsafe crane operations – Address/overrule operator’s concerns re unsafe conditions – Ensure rigging is performed by designated personnel & those involved in crane operations understand duties & associated hazards Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director – Ensuring crane operations are coordinated with other jobsite activities – Ensuring area for crane operations is adequately prepared, including traffic control to restrit unauthorized access

29 7. Landed Load Not Properly Secured - Examples Examples – Tilt Walls improperly braced/welded – Roofing Trusses domino – Joists not properly secured Why it Went Wrong – Often trying to minimize hourly cost of crane or when job is behind schedule

30 7. Landed Load Not Properly Secured – B30 Duties Almost Never Crane Operator’s Responsibility – Not responsible for conditions not under his DIRECT CONTROL – Understanding BASIC load rigging procedures. – If concerns re dangers of lift, crane operator MUST shut down lift Riggers & Lift Director – Riggers or other contractors are most often the cause of the accident – Lift Director’s B30 Duties Load must be properly rigged & balanced Stop unsafe crane operations Address/overrule operator’s concerns re unsafe conditions Ensure rigging is performed by designated personnel Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director – Ensuring crane operations are coordinated with other jobsite activities – Ensuring area for crane operations is adequately prepared, including traffic control to restrict unauthorized access

31 8. Equipment Dropped from Overhead - Examples Examples – Materials, Equipment & Tools Knocked off Structure – Often occurs during Assembly/Disassembly – Materials & Equipment drop from within load Bundled steel Hardware contained within a load – Small Error … Big Injury With increasing velocity from multiple story fall, even small piece of steel, wood etc can have effect of speeding bullet Seemingly innocuous incident can have catastrophic consequences – Traumatic Brain Injuries – Paralysis – Amputations – Blindness – Death

32 8. Equipment Dropped from Overhead – B30 Duties Almost Never Crane Operator’s Responsibility – Not responsible for conditions not under his DIRECT CONTROL – Understanding BASIC load rigging procedures Riggers or other contractors are most often the cause of the accident Lift Director – Load must be properly rigged & balanced – Stop unsafe crane operations – Address/overrule operator’s concerns re unsafe conditions – Ensure rigging is performed by designated personnel – Ensure personnel involved in crane operations understand duties & hazards – Ensure preparation of area for crane operations – Ensure traffic control in place to restrict unauthorized access Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director – Ensuring crane operations are coordinated with other jobsite activities – Ensuring area for crane operations is adequately prepared, including traffic control to restrict unauthorized access

33 9. Falls - Examples Examples – Falls off Structure Very common lawsuits Lack of Fall Protection & Differing Fall Protection Required by Industry – Falls off Crane Typically occurs during Assembly/Disassembly

34 9. Falls – B30 Duties Almost Never Crane Operator’s Responsibility – Not responsible for conditions not under his DIRECT CONTROL – If concerns re dangers of LIFT, does crane operator have duty to shut down lift when others aren’t wearing fall protection? Signalmen & Riggers Often the Cause of their own Fall Lift Director – Stop unsafe crane operations – Address/overrule operator’s concerns re unsafe conditions – Ensure rigging is performed by designated personnel Site Supervisor – Ensure rigging crew is supervised by a qualified person – Ensure that a qualified person is designated as the lift director – Ensuring crane operations are coordinated with other jobsite activities

35 10. Crane – Auto Motor Vehicle Accidents Common Crane MVAs 1.Crane Protruding into Roadway Catastrophic Injuries Possible 2.Outrigger Pads Falling Off Crane Minor incident with catastrophic potential 3.Tire Blowouts Minor incident but difficult to defend 4.Rear End Collisions Multiple claimants & High Exposure Habit of following same distance as our cars Difficult to Defend Liability 5.Collisions with Parked/Stopped Cars

36 Common Litigation Issues Frequent Allegations that crane operator didn’t – Move load smoothly – Respond immediately to signals – Stop Lift when Unsafe Conditions Present – Fulfill Responsibilities outside the “Hook to the Wheels” How to Defend Frequent Allegations – Crane operator’s experience, training, but especially course & practice and prior lifts on the accident site for this customer – Immediate Scene Inspection & Witness Interviews Common Difficulties with Defense – Load in the blind so no crane company witnesses – Crane Operator & Oiler can’t argue no breach of B30 Duty re rigging configurations if the crane operator and oiler are involved in rigging – Inexperienced Riggers or Signalmen Difficult to defend if operator noticed problems but didn’t shut down job or raise issues with lift directors Different Outcomes for Same Accidents in Different States – Contributory negligence vs comparative fault – Joint & several liability – Borrowed Servant – Anti-indemnity Statutes – Vertical Immunity & Horizontal Immunity

37 Litigation Issues – Rental Ticket & Contracts – Terms & Conditions Identify who responsible for rigging B30 & other industry standards governing Indicate rigging equipment inspected before lift by lift director &/or riggers Ground & Site Conditions Adequate One signature during course of multi-day job binds all days – Document if crane operator is directed by Lift Director to proceed with lift after safety concerns raised – Ticket MUST be signed before lift – NEVER agree to duties in a Master Contract different from B30 & OSHA Breach of Contract Claims have NO INSURANCE COVERAGE

38 Litigation Issues – Safety Meetings & Dispatch DOCUMENT DOCUMENT DOCUMENT – Avoid “he said – she said” Note Mobilization & demobilization areas, especially if moved Reflect info & hazards acknowledged by customer Document walking site with customer marking mob/demob, travel & outrigger locations Document Weight Provided by Customer

39 Litigation Issues – Preserve the Evidence Immediate Scene Inspection – You should observe, document & possibly photograph Rigging configuration & rigging equipment conditions Site configuration including possible Wind Tunnel effects Wind & weather conditions Before crane is moved, document all positions of crane Location of Crane in Relation to the Place where Accident/Injury Occurred – Experts Hired by Your Defense Counsel should Inspect Scene for witness marks, download LMI data Immediate Witness Interviews Critical especially if Crane Operating in Blind Critical to Preserve the Evidence – Rigging Straps & Lift Instructions – Crane Conditions, LMI, – Repair & Maintenance Records SPOLIATION OF EVIDENCE Defense – Jury instructed that they may “presume” missing evidence would have been harmful to your case Difficult to get persuasive re-enactments in evidence for trial if we don’t document conditions as they existed at time of accident


Download ppt "Top 10 Crane & Rigging Losses Recognizing & Avoiding The Risks Presented by NBIS Insurance & Risk Management Team: Michelle Lorenz – Manager, Litigation."

Similar presentations


Ads by Google