Forensic Engineers and Consultants

Archive: Liability Claim

Ladder Liability

I love spending time at the beach. Just this last weekend I drove by four fellows on extension ladders trimming palm trees with chainsaws on the side of the street.

Image of a worker performing ad hoc tree work without appropriate safety considerations. Of particular concern, his ladder is at an acute angle that puts undue strain on the frame and the worker has no secondary restraints to prevent him from falling off the ladder. Ladder falls are the most common injuries in the arboricultural industry.

Of course, anyone who knows me knows that one thing I like almost as much as the beach is talking about ANSI, OSHA and liability! So, this last weekend I was concerned by the arborists’ lack of compliance with ANSI Z133: The American National Standard for Aboricultural Operations (that’s a fancy way of saying care-for/pruning/trimming/repairing and/or removing plants).

Tree pruning of smaller branches from the ground is generally an easy task with little risk to the pruner. But the American Standards Institute adopted ANSI Z133.1 (now just ANSI Z133) in 1971 to help protect against ladder falls and crushing hazards related to aboricultural operations.

According to data tracked by the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics, tree trimmers and pruners face some of the highest injury and fatality rates of any industry. Falling—primarily from trees, aerial lifts, and ladders—consistently ranks as a primary cause of fatalities among tree care workers. Historical OSHA data indicates that a significant percentage of tree care injuries stem from ladder slippage, base kick-outs, and workers losing balance while performing cuts. Also, a high volume of ladder falls are directly attributed to overreaching or the unexpected shifting of a cut branch, which instantly alters the worker’s center of mass and destabilizes the ladder. ANSI Z133 provides guidance for workers to climb and operate safely.

ANSI Z133 section 8 defines tree climbing and ladder requirements. Of particular interest, section 8.1.4 says:

“8.1.4 While working aloft, the climber shall have available a climbing line and at least one other means of being secured on his/her person at all times (e.g., an arborist climbing line and a work positioning lanyard).”

Operators sometimes feel that safety equipment slows them down. This is true, but ANSI Z133 has been developed over nearly 55 years to prevent real and documented injuries. OSHA has used the General Duty Clause (Section 5(a)(1) of the OSH Act of 1970 (29 U.S.C. § 654(a)(1))) which states:

“Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

It has been used to fine arborists who fail to use multi-point safety equipment or other unsafe trimming methods. In districts with less oversight, arborists can go a long time without being cited. But that does not mean that there are exceptions to the applicability of ANSI Z133. The usage parameters of ladders are further dictated in 29 CFR 1910.23. It states that employers must ensure workers do not carry objects or position themselves in ways that compromise stability. As the traditional “3 points of contact” are impossible to maintain on a standard portable ladder while cutting limbs (you must have two hands to use a chainsaw, for example), a primary and secondary restraint as defined in ANSI Z133 are necessary. In this way, the CFR incorporates ANSI Z133.

Image of a worker pruning a tree while following the intent of ANSI Z133. Note his primary and secondary harnesses keeping himself and his ladder securely in place against the tree. Also note that a spotter is required for climbers over 12 feet off the ground.

Our expert Mechanical Engineers at The Warren Group deal with ladder manufacturer defects, OSHA’s General Duty clause, and ladder design defects frequently. If you need to identify possible issues with ladder liability, we can help determine cause, as well as identifying any design defects in the products. And the next time you see someone pruning a tree, please remind them that there is an easy way and a right way.

Senior Consulting Engineer Brian Tenace, PE, FMCP®, CFEI, holds a Bachelor of Science in Mechanical Engineering and Master of Science in Mechanical Engineering from the University of Florida, a Fenestration Master through the Fenestration and Glazing Industry Alliance, and is a Licensed Professional Engineer. He has over 15 years of manufacturing and machine design experience in production and quality-driven environments. Over his engineering career, Brian worked in fenestration design in addition to designing hardware, above/below ground spill containment vessels, extrusions, dies and molds. He conducted root cause analyses for fatigue, weld, and corrosion failures in steel, springs, pressure vents and sheet metals. He developed tests according to standards and custom specifications as needed, along with modifying manufacturing processes. His failure analysis experience includes impact testing, design for ballistic protection, water infiltration resistance and corrosion. Brian has an in-depth knowledge of many standards with emphasis on fenestration standards and impact standards. Brian regularly investigates property damage claims involving machinery and equipment in a variety of environments, as well as personal injury, wrongful death, and product liability claims for both insurance adjusters and attorneys. 

Author

Hot Dog: When The Backyard Grill Attacks!

Author

Grilling outdoor during warmer months is a great way to bring people together, so long as users remember they are literally playing with fire.

Spring weather is wonderful in the south. It’s been a year since I moved and got rid of most of the things we never used in the garage. Now I’m perseverating over which grill to buy so my fiancé and I can finally make grilled turkey legs and stir-fry vegetables while watching the neighbor kids play tag between houses. Despite my pale bald head that sunburns almost instantly, I feel the need for some fresh evening air. Very little makes the afternoon better than sitting in a metal chair and joking about the neighbor’s gazebo plans while you casually take food off the grill.

I have to be honest – I sort of fear the back yard. There are gnats, neighbors with all manner of projectiles (frisbees, basketballs, volleyballs and even footballs have flown past me when all the neighborhood kids are running around!), and all the dust that my edger kicks up. But the social energy of such an active development is why I moved there. It seems a waste to eat dinner on nights like these. After all, a backyard barbecue is the highlight of summer.

But managing fire is one of the most dangerous things you can do in flip-flops. Read More

Pollen Can Cause More Than Allergies

Author

Slip and falls occur when there is an unexpected loss of traction between a person’s foot and the walking surface, causing them to lose balance and fall.  This type of injury is common and can occur in any setting where people walk, including homes, workplaces, and public areas. Slips can result in serious injuries, particularly for older adults.

The human gait cycle consists of four phases: the Read More

Ice, Ice, Maybe…The Impacts of Freezing Weather on Plumbing Fixtures

Author

It’s that time of year again. Freezing rain, flurries of snow that don’t stick around, and mornings using a spatula to scrape dreaded ice off our windshields. I’ve lived in the south most of my life, and I know the combination of excitement and dread that my compatriots and I are likely to face during the winter months. Let’s face it, we may know how to cook pulled pork, but when it comes to freezing temperatures most of us don’t have much experience! Read More

CHECK OUT THAT RACK! – The Importance of Inspecting Storage Racks for Proper Installation

Author

People have too much “stuff”. Manufacturers, retailers, wholesalers, and commercial enterprises all carry inventory of “stuff”, too. According to the Energy Information Administration’s (EIA’s) own statistics, in 2018, the US had over 17.4 billion ft2 of warehouse and storage. Growing from just 13 billion ft2 in 2012, warehouse and storage space is the fastest growing and now the largest use of commercial space in the US, overtaking office space for the first time in modern history.

 

Almost every one of those buildings contains storage racks. And this doesn’t include the mercantile spaces. You can go to a big box retailer and buy cereal from a lower shelf while pallets of grain or packaged drinks sit 20-30 feet above, waiting to be introduced to the customer.

There is no specific OSHA regulation for anchoring storage racks – Read More

KEEP the CHANGE?

Author

As we all know, change is a part of life.  Sometimes the results from change are good.  And we know sometimes change may result in things becoming worse, although it may not be immediately evident.  I think it is safe to say that when we intentionally make changes to something, our goal is to make it better with respect to one or more metrics.  Engineers working in manufacturing facilities are often asked to make changes to existing machines and processes for multiple reasons: Read More

Spontaneous Combustion…Is it hot in here or is it just me???

In the old-timey Fire Triangle, you have heat, fuel, and oxygen.  Get these three together in the right quantities, and you get fire.  What if the fuel provides its own heat?  That’s spontaneous combustion, or spontaneous ignition.  NFPA921 defines this as “initiation of combustion of a material by an internal chemical or biological reaction that has produced sufficient heat to ignite the material.” Read More

Don’t Get Burned With Your Gas Grill!

Author

If there is one thing Americans can agree upon, it is the enjoyment that comes from an outdoor barbeque.  Whether a summertime cookout or a fall BBQ to watch a football game, we all love the fun and fellowship that comes from sharing a meal that was prepared outdoors on a grill or smoker.  In fact, 64% of Americans own a grill or smoker.  The great majority of these are LP fueled gas grills with comparatively few natural gas fired grills.  These products can be enjoyed safely when designed, installed, and used in a proper manner.  However, given the grill’s use of flammable fuel gas and high temperatures, the potential exists for things to go wrong and result in burn injuries or uncontained fires that spread to the surroundings. Read More

Safety Hazards in Waterjet Cutting

Author

Waterjet cutting machines (often simply called ‘waterjets’ in the industry) are essentially platforms that use ultra-high pressure water to manufacture cut parts with accuracy as high as .001 inch. They can cut materials ranging from glass and stone to steel and even plastics. Such machines can cost under $1.00 per minute to run, even including labor. Waterjets are some of the most versatile cutting tools available today. They produce virtually no heat-affected zone. They also use CNC (computer numerically controlled) programs, which allow continuously variable speeds for different edge conditions and cut quality. The waterjet dissipates heat, and the jet stream minimizes harmful chemical vaporization from cut materials. Small and mid-sized companies throughout the U.S. depend on these powerful tools to manage all sorts of custom two-dimensional cuts.

But waterjets present unique hazards to the manufacturing environment. The following challenges require special attention: Read More

WARREN Welcomes Mechanical Engineer Brian Tenace, M.S.M.E., P.E.

Author

Brian’s Areas of Expertise Include:

Read More

Type ofLoss

Not sure what you're looking for?
Browse All

Select Loss Category