At the end of 2015, the Occupational Safety and Health Administration (OSHA) released a preliminary top 10 list of the most common workplace accidents for fiscal 2015. Discover how much of the list is relevant to your jobsite activities and strategies you can implement now to defend against the most common accidents. Speakers: Tim Conlon and Bill Smith, NBIS Sponsored by: ABR/Benovate, Kalyn/Siebert Incorporated, Truck & Equipment Specialists, Inc.

1. Billy Smith NBIS Claims and Risk Management
Tim Conlon NBIS Claims Manager
Preventing and Protecting against
OSHA’s top 10 Workplace Violations

2. PpP
Preventing and Protecting against
OSHA’s top 10 Workplace Violations
Billy Smith NBIS Claims and Risk Management
Tim Conlon NBIS Claims Manager

3. Top Ten in Construction with Cranes CC 1926
In This Session
• We will cover the Top Ten List from OSHA for all of
Construction
• We have identified and will review the top OSHA violations for
the Crane Industry
• We also identified several violations for transportation and
the list of most cited violations according to DOT FMCSA
• We will close with some recommendations to protect your
employees and your company from fines, penalties, and
liability.

4. The Early History of Crane Safety Standards in the US
• 1916 – ASME Code of Safety Standards for Cranes
(American Society of Mechanical Engineers)
• Between WWI & WWII – US Army & Navy created
Military Crane Safety Standards
• 1943 – ANSI B30.2 Safety Codes for Cranes, Derricks, &
Hoists (American National Standards Institute)
• 1968 – PCSA Standard #2 Mobile Power Crane &
Excavator Hydraulic Crane Standards (Power Crane &
Shovel Association)
• 1968 – ASME B30.5, Safety Code for Crawler, Locomotive
and Truck Cranes

5. OSHA Gets Involved In Crane Safety
• OSHA created in 1971 and soon
expands regulations to include a
section called “Cranes, Derricks,
Hoists, Elevators, and Conveyors”
as Subpart N of 29 CFR part 126.
This was essentially an
incorporation of the AMSE B30.5
established in 1968.
• Between 1971 and 2010 (39
years) there were no new safety
regulations enacted that
addressed crane safety.

6. Crane Industry Leaders Influence Safety
• 1982 – Don Dickie founder of the
Construction Safety Association of
Ontario published the Mobile Crane
Manual. Key innovation was on
spelling out responsibilities among
contractors and personnel.
• 1991 – Howard Shapiro – leading
crane expert published Cranes and
Derricks. Shapiro advanced Dickie’s
work and pioneered the concept of a
“Lift Director”

7. C-DAC Launched
SC&RA Insurance Program Provides Useful Data
• 1998 – OSHA’s expert Advisory
Committee on Construction Safety &
Health (ACCSH)established a
workgroup to recommend changes
to the old 1970 standard.
• 1999 – ACCSH implemented a
“negotiated rulemaking” process to
develop the new standard.
• 1999 - SC&RA Insurance Program
Manager provides detailed claim
data to C-DAC committee to assist in
developing recommendations

8. OSHA Establishes New Crane Safety Standard
• 2003 – C-DAC issued a “consensus
draft” document.
• 2008 – OSHA published proposed
rule
• 2009 – Public hearing held
• 2010 – OSHA issued final rule

9. ASME Updates B30.5 Standard in 2007
• 2007 update spelled out
different responsibilities
essentially building on
Shapiro’s work:
 Crane Operator
 Crane Owner
 Crane User
 Lift Director
 Site Supervisor
…all had a list of specific
responsibilities

10. RESPONSIBILITIES

11. Between 1989 & 2008 there were Four Major
Crane Accidents that had a Major Impact on Crane
Safety

12. San Francisco Tower Crane Collapse of 1989
• Tower Crane collapsed and
fell 343 ft. from 20th floor of
downtown building.
• 5 killed, 19 injured including
crushed school bus
• Property damage estimated
at $10 million
• Crane operator was
inexperienced.
• Accident led to public outcry
that crane operators be
trained.

13. “Big Blue” Collapse at Miller Park Baseball Stadium in Milwaukee
• “Big Blue” – One of the largest
Heavy Lift Cranes in North
America at the time
• July 1999 – crane attempted to lift
400+ ton roof section in high
winds
• Lift was performed over
objections of Riggers &
Ironworkers and Operators
• This accident resulted in 3 killed,
five injured and several hundred
million in property damage.
• Accident raised industry safety
awareness right at the time C-DAC
was developing the new OSHA
safety standard

14. New York City – Two Tower Cranes Collapse in 90 Days
• March 2008 – East 51st St.
Tower Crane collapsed during
“jumping” operation
• 7 dead, 24 injured, several
buildings damaged and
millions in property damage.
• Accident occurred from
deviation and improper
rigging procedures during
jump
• This accident resulted in 3
killed, five injured and
millions in property damage.

15. New Crane Standard Was Designed to Reduce the Three
Leading Causes of Crane Accidents
1)Crane Operator Error
2)Ground Conditions
3)Powerline Hazards

16. In Order to Address these Key Crane Accident Causation Factors
OSHA Developed a “One-Two Punch” Approach
1) Multi-Employer Doctrine
2) Controlling Entity

17. Under New Crane Standard OSHA Now Has More
Enforcement Power
• OSHA has used the new Crane
Standard to expand its
enforcement powers under the:
Multi-Employer Doctrine
(controlling entity)

18. What is the Multi-Employer Doctrine?
“An employer who controls or creates a
worksite safety hazard may be liable
under the Act (OSHA) even if the
employees threatened by the hazard are
solely employees of another employer.”

19. OSHA Also Created an Entirely New Concept
Called the “Controlling Entity”
This concept is not found in any other OSHA
standard. This creates new regulatory
responsibilities for certain jobsite safety
issues among other trades other than just
the employer (which has always been the
main area of OSHA authority)
Controlling Entity

20. What is the “Controlling Entity?”
The Standard defines “Controlling Entity” as
follows:
An employer that is a prime contractor,
general contractor, construction manager
or any other legal entity which has overall
responsibility for the construction of the
project – its planning and completion.”

21. Controlling Entities’ Responsibilities
Responsibilities of Controlling Entities:
OSHA 1926.1402 assigns controlling entities
specific responsibilities for ensuring that
ground conditions necessary for cranes on
construction sites are safe.

22. New OSHA Standard Creates a “New Hierarchy”
in Crane Safety
As a result, OSHA’s enforcement capabilities have an extended reach to all
contractors working on a jobsite where there is a working crane. Therefore
all contractors will be responsible for safety procedures of their own
employees working near the crane and for training their employees to
follow safe crane procedures.
These regulations have created a new hierarchy for crane safety consisting of
the following entities:
• Employers
• Users of Equipment
• Utility Company Owners/Operators
• Controlling Entities
22

23. Top Ten for all of OSHA

24. Top Ten for all of OSHA

25. Penalty Box

26. Penalty Box

27. OSHA CRANE VIOLATIONS NEW RULE CC
1400 Oct 2014 to Sept 2015
What is OSHA finding? (last year)
How are we doing?
What should I be looking for in my
company?

28. 1926.1402 Ground Conditions

29. 1926.1404 Assembly / Disassembly

30. 1926.1408 Powerline Safety (up to 350kv)

31. 1926.1412 Inspections

32. 1926.1413 Wire Rope Inspection

33. 1926.1417 Operation

34. 1926.1419 Signals

35. 1926.1424 Work Area Control

36. 1926.1425 Keeping Clear of the Load

37. 1926.1428 Signal Person Qualifications

38. 1926.1430 Training

39. 1926.1431 Hoisting Personnel

40. 1926.1437 Floating Cranes and Land Cranes on Barge

41. Top 10 Loss Categories
Crane & Rigging
Specialized Carriers
Industry data compared to NBIS Claim Data
Claim Data Developed from NBIS Insurance
Program Claim Data from 2009 to 2016

42. Crane & Rigging Top Ten Loss Types
Based on Severity - Total Paid
1) Dropped Loads $6.6M
2) Bodily Injury $5.6M
3) Property Damage $5.4M
4) Overturned Crane $5.0M
5) Contract Risk Transfer $3.5M
6) Boom/Jib Strikes Worker $1.4M
7) Rigging Failure $1.0M
8) Hook/Block Strikes Worker $500k
9) Load Falls from Forklift $400k
10)Objects Fall Off Load $300k
Source: Crane Related Fatalities in the Construction Industry, ASCE’s Journal of Construction Engineering & Management (September 2006)

43. #1 - Dropped Loads
• Total Paid: $6.6M
• Average Paid
Claim: $140k
• Claim Frequency:
47 claim reported
Risk Management Alert –
High Severity Potential

44. # 2 – Bodily Injury
• Total Paid: $5.6M
• Average Paid Per
Claim: $25k
• Claim Frequency:
224 claims reported
Risk Management Alert –
High Severity & Frequency
Potential

45. # 3 – Property Damage
• Total Paid: $5.4M
• Average Paid Per
Claim: $12k
• Claim Frequency:
451 claims reported
Risk Management
Alert –
High Frequency &
Severity Potential

46. # 4 – Overturned Crane
• Total Paid: $5M
• Average Paid Per
Claim: $165k
• Claim Frequency:
30 claims reported
Risk Management Alert – High Severity Potential

47. # 5 – Contractual Risk
Accepted AI Tenders
• Total Paid: $3.5M
• Average Paid Per
Claim: $81k
• Claim Frequency:
43 claims reported
Risk Management Alert – High Severity Potential

48. # 6 – Boom/Jib Strikes Claimant
• Total Paid: $3.5M
• Average Paid Per
Claim: $81k
• Claim Frequency:
43 claims reported
Risk Management Alert – High Severity Potential

49. # 7 – Rigging Failure
• Total Paid: $1M
• Average Paid Per
Claim: $35k
• Claim Frequency:
29 claims reported
Risk Management Alert – High
Severity Potential

50. # 8 – Hook/Block Strikes Worker
• Total Paid: $500k
• Average Paid Per
Claim: $21k
• Claim Frequency:
24 claims reported
Risk Management Alert – High Severity Potential

51. # 9 – Load Falls From Forklift
• Total Paid: $400k
• Average Paid Per
Claim: $21k
• Claim Frequency:
19 claims reported

52. # 10 – Objects Fall Off Load
• Total Paid: $300k
• Average Paid Per
Claim: $43k
• Claim Frequency:
7 claims reported
Risk Management Alert –
High Severity Potential

53. Signs of Safety Improvement
for Industry
These categories were previously on the “Most
Wanted” List of Industry Safety Loss Prevention
Priorities
• Powerline Contact - Ranking
dropping now 16th –
• Ground Conditions – Ranking
dropping now 15th -
• Two-Block – only 4 claims in 6
years

54. US Department of Transportation Increases
Involvement In Trucking Safety
• Federal Motor Carrier Safety
Administration (FMCSA) created
on January 1st, 2000.
• Key programs created:
– Compliance Safety Accountability
(CSA)
– Hours of Service (HOS) & Driver
Restart Study
– National Registry

55. FMSCA 2014 Critical Violation Summary
• Key Fatality Factors
• Compliance Based on
Fleet Size
• Top Acute Violations
• Top Critical Violations
• Key Roadside Inspection
• Violations

56. Top Driver Related Factors for Fatal Crashes National
Highway Traffic Safety (2014)
• Speeding –
262 fatalities
reported in
2014 due to
speeding

57. Distracted Driving Fatalities Now
Exceed Drunk Driving
• Speeding – 230
fatalities
reported in
2014 due to
distracted
driving
• 18 y/o driver
had sent 8 text
message to his
girlfriend 0-2
mins prior to
impact 18 y/o Pick is folded between truck and bus

58. 2014 Compliance Reviews by Fleet Size
• Very Small - 1-6 Power Units 41%
• Small - 7-20 Power Units 30%
• Medium - 21-100 Power Units 20%
• Large – 100 or more Power Units 9%

59. Top 10 Acute Violations (2014)

60. Lack of Drug & Alcohol Program Leads Violations
• Failure to Implement
Alcohol & Drug Testing
Program - 13%
• Failing to Implement
Random Drug Testing -
16%

61. Top 10 Critical Violations (2014)

62. Lack of Record-Keeping Leads Critical Violations
• Failing to Require
Driver to Prepare
Inspection Report
- 32%
• No Driver Record
of Duty Status –
11%

63. Roadside Inspections: Vehicle Violations (2014)

64. Inoperative Turn Signal Leads
Roadside Inspection Violations
• Inspection/Repair
and maintenance
of parts &
accessories - 20%
• Inoperative Turn
Signal – 41%

65. Top 10 Moving Violations

66. Speeding Leads Moving Violations By Long Shot
• 6-10 MPH Over -
16%
• 11-MPH or Over –
10%

67. Specialized Carriers Ten Loss Types
Based on Severity - Total Paid
1) Rear-end $2.6M
2) Head-on $2.5M
3) Side Impact $2.1M
4) While Turning $2.1M
5) Multi-Vehicle $900k
6) Sideswipe While Passing $840k
7) Rollover $400k
8) Backs Into/Rolls Back $150k
9) Load Securement $130k
10) Struck Parked Vehicle $115k

68. #1 – Rear-ends
• Total Paid: $2.6M
• Average Paid
Claim: $26k
• Claim Frequency:
102 claims
reported
Risk Management Alert – High Severity Potential

69. # 2 – Head-On Collisions
• Total Paid: $2.6M
• Average Paid
Claim: $258k
• Claim Frequency:
10 claims reported
Risk Management Alert – High Severity Potential

70. # 3 – Side Impact Collisions
• Total Paid: $2.1M
• Average Paid
Claim: $17k
• Claim Frequency:
122 claims
reported
Risk Management Alert – High Frequency & Severity Potential

71. # 4 – While Turning Collisions
• Total Paid: $2.1M
• Average Paid
Claim: $32k
• Claim Frequency:
66 claims reported
Risk Management Alert – High Frequency Potential

72. # 5 – Multi-Vehicle Collisions
• Total Paid: $920k
• Average Paid
Claim: $20k
• Claim Frequency:
47 claims reported
Risk Management Alert – High Frequency & Severity Potential

73. # 6 – Sideswipe
• Total Paid: $840k
• Average Paid
Claim: $26k
• Claim Frequency:
32 claims reported
Risk Management Alert – High
Frequency Potential

74. # 7 – Rollover
• Total Paid:
$400k
• Average
Paid Claim:
$21k
• Claim
Frequency:
19 claims
reported
Risk Management Alert – High Frequency & Severity Potential

75. # 8 – Powerline Contact
• Total Paid: $274k
• Average Paid
Claim: $10k
• Claim Frequency:
28 claims reported

76. # 9 – Load Securement
• Total Paid: $135k
• Average Paid
Claim: $3k
• Claim Frequency:
47 claims reported

77. # 10 – Struck Parked Vehicle
• Total Paid:
$110k
• Average Paid
Claim: $3k
• Claim
Frequency: 27
claims reported

78. Signs of Safety Improvement
for Industry
These categories were previously on the
“Most Wanted” List of Industry Safety Loss
Prevention Priorities
• Backing Into/Roll
Backwards – claims down
• Motorcycle claims down –
only 3
• Fire claims down – only 4

79. Cranes in Transit Loss Types
Based on Severity - Total Paid
1) Rear-end $1.5M
2) Multi-Vehicle $1.4M
3) Struck Pedestrian $1.4M
4) While Turning $1.3M
5) Head-On $770k
6) Sideswipe While Passing $650k
7) Rollover $530k
8) Merging $510k
9) Struck Fixed Object $480k
10) Crane Pulls Out $370k

80. #1 – Crane Rear-ends
• Total Paid: $1.6M
• Average Paid
Claim: $6k
• Claim Frequency:
277 claims
reported

81. # 2 – Crane Multi-Vehicle
• Total Paid:
$1.4M
• Average Paid
Claim: $20k
• Claim Frequency:
68 claims
reported

82. # 3 – Crane Struck Pedestrian
• Total Paid:
$1.3M
• Average Paid
Claim: $195k
• Claim Frequency:
7 claims
reported

83. # 4 – Crane Hits While Turning
• Total Paid:
$1.3M
• Average Paid
Claim: $18k
• Claim Frequency:
74 claims
reported

84. # 5 – Crane Head-On
• Total Paid: $770k
• Average Paid
Claim: $153k
• Claim Frequency:
5 claims
reported

85. # 6 – Crane Side-Swipe
• Total Paid: $635k
• Average Paid
Claim: $12k
• Claim Frequency:
50 claims
reported

86. # 7 – Crane Roll Over
• Total Paid: $535k
• Average Paid
Claim: $30k
• Claim Frequency:
18 claims
reported

87. # 8 – Crane Merging
• Total Paid:
$510k
• Average Paid
Claim: $51k
• Claim
Frequency: 10
claims reported

88. # 9 – Crane Struck Fixed Object
• Total Paid:
$480k
• Average Paid
Claim: $7k
• Claim
Frequency: 68
claims reported

89. # 10 – Crane Intersection Hit
• Total Paid:
$400k
• Average Paid
Claim: $7.5k
• Claim
Frequency: 54
claims reported

90. Case Study – Parking Garage Collapse
• $20M claim
• No Liability on
Crane
• Good Contract
protected Crane
Company & their
Insurance Co.
• Legal Fees
Reimbursed

91. Case Study – Heavy Haul Trial
• Oversized Load
• No Liability
• Fatality
• Claimant Driver
Married Mother of
8
• No Excess Coverage

92. In Closing
• Training and documentation (recordkeeping)
• Responsibilities (internal and external)
• Management Culture
• Equipment Maintenance
• Contract Risk Transfer (Terms and Conditions)
• People (meat in the seat)
• Claim Expertise
• Avoid Hammer (selection)

93. We leave with this:
Where does Safety start ad end ???