Lessons Learned
Equipment Operator Hits Motorist

Bad Judgment Results in Injury Accident

A contractor was hired to clean up an oil spill adjacent to a lightly used, four-lane highway in rural Florida.  The crew foreman set up the worksite using orange cones to close one southbound lane 30 feet on either side of the spill site, diverting vehicles traveling southbound to one lane.  He placed warning signs in both directions one-quarter mile from the site to warn motorists of the presence of workers and equipment, and stationed a flagman on the southbound side 20 feet ahead of the site to instruct motorists to slow to 25 miles per hour. 

The cleanup process required that an equipment operator in a front loader scoop up a load of contaminated soil, travel 30 feet southbound in the closed lane, pass under a roadway overpass to a staging area on the north side of the road, dump the load in a container, then backtrack to repeat the operation.  The container location was selected because it was flat, had room for the crew's equipment, and was distant from a small creek on the south side near the spill site.

To expedite the project the crew worked a 10-hour shift and was then replaced by a second crew to continue another 10-hour shift.  The operator was not replaced because the contractor was short on manpower and the operator wanted the overtime.  At approximately 6:00 p.m., 18 hours into the project, the crew took a dinner break and left the site.  The operator, however, remained behind and continued working.  Since traffic was sparse and there was another two hours of daylight, the operator decided to save time by taking the most direct path to the dump container, which was to travel 20 feet south in the northbound lane without passing under the elevated roadway.  While traveling in this manner the operator struck a northbound motorist head on.

Consequences

The motorist had to be extricated from his vehicle and suffered fractures to two bones in his left leg.  The injury required surgical placement of a 14-inch rod and three screws, and a bone graft when the break did not heal properly.  The total cost of the accident was over $100,000 including medical bills, rehabilitation, and lost wages.

The operator was cited for reckless operation of a vehicle on public roads.  The contractor fired both the operator and the foreman on duty.

Additional costs included the contractor's removal from the job, loss of work due to bad publicity, and the layoff of several workers due to the loss of work.

Primary Causes

An investigation determined that the traffic safety configuration set up at the project site was appropriate for the situation and did not contribute to the accident.  The primary and underlying causal factors included:

The contractor, who advertised services as an emergency responder, lacked an adequate number of equipment operators to staff the job properly and then broke its own policy by allowing the operator to work more than two standard 8-hour shifts, or 16 hours maximum, without a stand down.

When management violated its hour limitation policy, the foreman felt justified in allowing the operator to skip the required break and remain behind to continue working unsupervised, both against company rules.  The foreman also broke a company rule by allowing the operator to work on or adjacent to a public road without a flagman or other person present to watch and direct traffic.

The operator was fatigued after working 18 hours straight.  This led to his bad judgment to save time by driving on the wrong side of the road, and decreased his ability to detect oncoming traffic in time to avoid the accident.

Lessons Learned

The contractor should not advertise its services for emergency response without ensuring it has adequate manpower to properly staff the job.  Additionally, work should be refused if work hour limitation rules will be violated or experienced and trained staff is not available.

Senior management support for safety is vital to establish an appropriate safety culture.  Management must make it clear through words and actions that safety is the top priority of any job and authorize its supervisors to stop work if there is any risk to employees or the public. 

Supervisors and employees must be thoroughly trained so they understand company safety policies and the reasons for their enforcement.   Safety rules must be uniformly and fairly enforced so employees will not feel singled out for harassment or, conversely, think that they are somehow “above” the rules.

Actions Taken

The contractor stopped advertising its services as an emergency responder and only accepts jobs when it is adequately staffed to manage them.

Management held a “stand down” to retrain all employees on company safety policies including work hour limitations and jobsite safety rules. 

All supervisors completed an 8-hour OSHA construction safety program.

Key managers now frequent job sites and talk directly to employees regarding safety issues and concerns so employees know that management takes safety seriously.

For general information purposes only. Contents should not be construed or used as legal advice or opinion.  

©2006 XL Specialty Insurance Company. All rights reserved.

XL Insurance
520 Eagleview Blvd
PO Box 636
Exton, PA 19341-0636

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Fax:    +1 610-458-8667
www.xlinsurance.com/environmental