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

Top 10 Crane & Rigging Losses Recognizing & Avoiding The Risks

Presented by NBIS Insurance & Risk Management Team:Michelle Lorenz – Manager, Litigation & Claims

Cliff Shepherd – Supervisor, ClaimsBilly Smith – EVP, Risk Management

Acknowledgement to Jim Wiethorn, PE of HAAG Engineering for the Accident Scene Photos & Re-enactments

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 1991-2002– 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 standardsSource: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)


• 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 RiggingSource: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)


• Proximate Causes of OSHA Fatalities involving cranes & derricks during lifting operations.

1. Failure of Boom/Cable2. Crane Tip Over3. Electrocution4. Struck by Load (other than failure of boom/cable)5. Falls6. Crushed During Assembly & Disassembly of Lattice Booms7. 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 devicesSource: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

OSHA’s Crane & Rigging Fatalities – Causation

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

40%

34%

15%

15%

14%

4% 2%

Struck by Load = 40%

Electrocution = 34%

Crushed During A/D = 15%

Failure of Boom/Cable = 15%

Crane Tip Over = 14%

Struck by Cab/Counterweight = 4%

Falls = 3%

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-unionSource: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

OSHA’s Crane & Rigging Fatalities – The Victims


Cause of Crane Fatality

CraneOp

Rigger-Laborer

Iron-worker

Other Un-known

%Totals

Struck by Load 0 19 9 10 2 32%

Electrocution 2 25 0 6 1 27%

Crushed during A/D 3 5 1 5 1 12%

Boom/Cable Failure 1 9 1 3 1 12%

Crane Tip Over 5 5 0 2 2 11%

Struck by counterweight

0 2 0 1 1 3%

Falls 1 2 0 0 0 2%

TOTAL by Occupation 12 67 11 27 8

% by Occupation 10% 54% 9% 21% 6%

OSHA’s Crane & Rigging Fatalities – The Crane


68%39%

5%

3%2% 3%

Mobile Crane with Lattice Boom = 68%

Mobile Crane with Telescopic Boom = 39%

Tower Crane = 5%

Bridge Crane = 3%

Container Crane = 3%

Jib Crane = 3%

OSHA’s Crane & Rigging Fatalities – Type of Operations


39%

30%

9%

19%

15%

Mobilization = 39%Lifting/Moving Equipment = 30%Assembly/Disassembly of Cranes = 9%Erecting Steel = 19%Demolition = 15%

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

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 1926.32f )

– OSHA should improve its system of collecting information during fatality investigations• WE AGREE!• But, we also recognize that we have different data!


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

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

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

What are the Top 10 NBIS Crane Accidents?

1. Improper Rigging2. Ground Collapse 3. High Wind Conditions4. Load Over Capacity5. Load Swings into People or Property6. Load or Crane Crushes or Pinches People7. Landed Load Not Properly Secured8. Tools & Supplies Dropped from Overhead9. Inadequate Number of Counterweights10. Crane – Auto Accidents

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

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

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

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

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

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

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

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

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


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

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



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

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

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

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


• 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

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

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

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

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

10. Crane – Auto Motor Vehicle Accidents

• Common Crane MVAs1. 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

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

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

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

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

Documents

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