Lack Of Safety Equipment Causes Traumatic Truck Accident

Case Overview

This case involves a worker who was picking up a load from a trucking company. The plaintiff went to their location and was required to put a tarp over the haul. There was no fall protection equipment available for the plaintiff to use while performing this task. While attempting to put the tarp over the haul, the plaintiff fell off of his truck and suffered serious brain injuries from the fall. As a result of his injuries, the plaintiff was unable to return to work and will spend the rest of his life on disability. An expert in fall protection for loading and unloading trucks was sought to review the case and determine if the trucking company was negligent in its duty to protect the safety of its workers.

Questions to the Transportation expert and their responses

What is your experience in the trucking industry?

I have worked in the transportation industry as a safety director, vice-president of safety, and a safety consultant. I currently serve as the director of safety and compliance for the midwest region of a major American trucking company. I have completed several hundred compliance reviews on FMCSA, PHMSA, OSHA, and conducted thousands of commercial motor vehicle inspections in accordance with the Commercial Vehicle Safety Alliance (CVSA) procedures. Additionally, I hold a commercial driver's license, and I am certified in fall protection requirements of OSHA, ANSI, and CSA.

What systems or protocols could have been in place to prevent the accident?

Generally speaking, the fixed-site employer is responsible for providing a means to use fall protection when a driver comes on site to tarp or un-tarp loads. The site employer is required to inform the driver of the fall protection means and how the driver can use them. OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, dock, construction site, and in other places truckers go to deliver and pick up loads throughout the country. A fall protection program that includes visitors on the property could have been in place to prevent the accident. However, I would need to see the policies and procedures in place for fall protection at the shipper's facility as I have some questions on the case specifics. Was the company cited with any OSHA violations for the incident? Is the driver an employee or owner-operator of the trucking company? Does the trucking company provide load securement and tarp training? What safety gear is provided by the trucking company?

About the expert

This transportation safety expert regularly advises his employees on safety protocol and compliance with Department of Transportation regulations. A former police officer, US Marshal, and Army contractor in Iraq, he has ensured compliance in the transportation industry for 14+ years. In 2002, he graduated from the Federal Motor Carrier Safety Administration?s (FMCSA) Safety Investigator?s Academy and served as FMCSA Special Agent investigating transportation companies by conducting roadside enforcement, compliance reviews, hazmat material shipper reviews, and accident investigations (fatal/non-fatal) involving commercial motor vehicles. He has worked in the transportation industry as a safety director, vice president of safety, and a safety consultant. Additionally, he is certified in fall protection requirements of OSHA, ANSI, and CSA. From 2014 until mid-2016, he was the Midwest Director of Safety & Compliance for leading freight company Genesee & Wyoming Inc.

E-037087

Specialties:

Transportation