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 3rd 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.
Failure of Boom/Cable
Crane Tip Over
Electrocution
Struck by Load (other than failure of boom/cable)
Falls
Crushed During Assembly & Disassembly of Lattice Booms
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:
Crane Operator = 10%
Rigger/Laborer = 54%
Ironworker = 9%
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
Cause of
Crane Fatality
Crane Op
Rigger-Laborer
Iron-worker
Other
Un-known %
Totals
Struck by Load 19 9 10 2
32%
Electrocution 25 6 1
27%
Crushed during A/D 3 5
12%
Boom/Cable Failure
Crane Tip Over
11%
Struck by counterweight 3%
Falls 2%
TOTAL by Occupation 12 67 11 27 8
% by Occupation
10%
54% 9%
21% 6%
Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

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
Section 1926.
Description of Serious or Willful Violations #
550 (a)(15)
Operating proximate to power lines where electrical distribution & transmission are energized 41
21 (b)(2)
Failure to instruct employees to recognize unsafe conditions 36
550 (b)(2)
Crawler cranes failed to meet applicable design standards 21
550 (a)(19)
Failure to keep employees clear of suspended loads & loads about to be lifted 18
550 (a)(1)
Employer’s failure to comply with manufacturer’s specifications 17
Items in Red = Serious Citations Common in NBIS Data
Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

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
Wind Related Accidents significant with NBIS
Only 1.6% of OSHA data
Falls

15. What are the Top 10 NBIS Crane Accidents?
Improper Rigging
Ground Collapse
High Wind Conditions
Load Over Capacity
Load Swings into People or Property
Load or Crane Crushes or Pinches People
Landed Load Not Properly Secured
Tools & Supplies Dropped from Overhead
Inadequate Number of Counterweights
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
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
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
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
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
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 Falls off Crane
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
Crane Protruding into Roadway
Catastrophic Injuries Possible
Outrigger Pads Falling Off Crane
Minor incident with catastrophic potential
Tire Blowouts
Minor incident but difficult to defend
Rear End Collisions
Multiple claimants & High Exposure
Habit of following same distance as our cars
Difficult to Defend Liability
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