PowerPoint Presentation

Thinking Outside the Fence

Andy Giza, CHST, CAESenior Risk Control ConsultantWillis North America

David BuckmanDirector of Risk ManagementCORE Construction

Two Distinct Responsibilities2Regarding insurance, General Liability is divided into 2 main categories:

Defect(QA/QC)

Site Security and Public Safety

The Rodney Dangerfield of Construction Safety3

FOCUS FOUREXCAVATIONPPECRANESPUBLIC SAFETYPUBLIC SAFETY4Damage or Injury as defined herein typically involves two distinct categories: Property Damageex. - Damaged Chevrolet Pick-up - $17,500 Bodily Injuryex. Trip Over Fence Base - $?????

PUBLIC SAFETY5PROPERTY DAMAGEMay include damage to a vehicle, adjacent building, sidewalks, roadwaysLiability Usually (Not Always) Capped at Value of Property

Unintended Consequences6

Unintended Consequences

7

Unintended Consequences8

Unintended Consequences

9

PUBLlC SAFETYBodily Injury

Exposure is unlimitedMedical BillsLost WagesPain & Suffering

Expectations Are GreaterWe need to do (or should have done) MOREPublic granted more leeway/sympathy

A10.34-2001 (R2012)Industry-accepted practices for the Protection of the Public on or Adjacent to Construction Sites

1.1 Scope. This standard provides the recommended elements and activities on construction projects to provide protection for the Public.1.2 Purpose. This standard is intended for use as a guideline to provide protection for the Public.

ANSI A10.34-2001 (cont.)NOISE (3.2.1)Impact noisesAudible alarms/warning systemsLocal jurisdictional considerationsStart/Stop times

ANSI A10.34-2001 (cont.)DUST, FUMES. SMOKE, VAPORS (3.2.2)Operations which produce airborne contaminants that may present a hazard to the Public shall be controlled.Dust Control/SWPPPs can be included.

ANSI A10.34-2001 (cont.)TRAFFIC HAZARDS (3.2.3)Also follow MUTCD (D6.1)Temporary structures built to withstand intended loads and prevent shiftingEmergency vehicle accessPrompt debris clean-up

ANSI A10.34-2001 (cont.)PEDESTRIAN HAZARDS (3.2.4)Minimize hazards (slip/trip & struck-by)Covers constructed to spec.Ingress/Egress marked and not blockedSufficient notice

ANSI A10.34-2001 (cont.)PEDESTRIAN HAZARDS (3.2.4 cont.)Job site trafficFencing

PUBLIC SAFETYPedestrians & BicyclesVehiclesOther structures

ANSI A10.34-2001 (cont.)Other topics include:Lighting (3.2.5)Radiation (3.2.6)Machinery/Vehicles (3.2.7)Falling/Windblown Objects (3.2.8)Security (3.2.9)Pollution (3.2.10)Utilities (3.2.11)

JE DUNN

PUBLIC SAFETYUsing inadequate warning devices to warn of the outside lane being closed.Failure to comply with known work zone safety standards and to update the traffic plan.Control plan to suit the conditions of the area.

PUBLIC SAFETYWind blown materials

Good controls in placeLoose MaterialLoose Material

PUBLIC SAFETYSecuring loads even in pickups

Became a salvage title

PUBLIC SAFETYCertified traffic control

Bicyclist attempting to cross behind a side dumpDamaged signage

PUBLIC SAFETYWhat is the hazard?

Head-on crash exposureLack of adequate canopy maintenance

PUBLIC SAFETYPeople or vehicles?

Blocking (partially) pedestrian traffic & no wind weightOff-set K-Rail next to bike path

PUBLIC SAFETYPedestrian tripping exposures

PUBLIC SAFETYPedestrian laceration exposure

Damaged panelsUnprotected trenchesPUBLIC SAFETYConstruction accidents involving General Liability coverages is a very real exposure.Companies must proactively manage the construction site and prove consistent compliance with plans and specifications.Make a plan (A10.34 Appendix A).Documentation is the key to success.

If you didnt document itit didnt happen

Thinking Outside the Fence!EVERY DAY- maybe more than once.What about nights, weekends and Holidays?Damaged, dirty, displaced or missing TCD's.DOCUMENT all your inspections CRITICALDOCUMENT corrective actions (what and when).DOCUMENT push-back from Owner.Verify proper completion of forms and record retention.Consider photos.

TAKE CREDIT FOR THE GOOD THINGS YOU DO!!

Sample - Public Hazard Protection Plan for Project or Contractor - SampleANSI A10.34 - 2012Identify name of project and parties to constructionName/ResponseDate Developed or UpdatedAction required - plan to abate hazards, conflicts notedName of ProjectLocation of ProjectProject ConstructorContractor/Scope this Public Hazard Protection Plan covers (enter whole job if this plan is not for one trade or one activity)Scope of Work this plan covers (enter whole job if this plan is not for one trade or one activity)Plan Prepared by:Project Constructor review by:Sample Evaluation Plan(Yes, you may have a copy)The Reality of Construction LiabilityStatute of Limitations

Varies from state to state and loss type to loss type

Rule of thumb is 2 years from the date of incident for Bodily Injury claims

WITNESSESAre critical witnesses and employees available for interview? Can you locate them? Are subcontractors who were involved in the project still in business?

How easily will witnesses and employees be able to recall specific details from the date of the accident, much less critical issues prior to the date of the accident?

What documentation do you still have available two (2) years after an incident that relates to the project in question?

WITNESSES

WORK ZONE SAFETYIn the end, its how we do our job.

THINKING OUTSIDE THE FENCEQUESTIONS?

Thank you for your participation.