“Thinking Outside the Fence”

1. “Thinking Outside the Fence” David Buckman Director of Risk Management CORE Construction Andy Giza, CHST, CAE Senior Risk Control Consultant Willis North America

2. Two Distinct Responsibilities • Regarding insurance, General Liability is divided into 2 main categories: • Site Security and Public Safety • Defect(QA/QC)

3. The Rodney Dangerfield of Construction Safety PUBLIC SAFETY FOCUS FOUR PPE EXCAVATION CRANES

4. PUBLIC SAFETY • “Damage or Injury” as defined herein typically involves two distinct categories: • Property Damage ex. - Damaged Chevrolet Pick-up - $17,500 • Bodily Injury ex. – Trip Over Fence Base - $?????

5. PUBLIC SAFETY • PROPERTY DAMAGE • May include damage to a vehicle, adjacent building, sidewalks, roadways • Liability Usually (Not Always) Capped at Value of Property

6. Unintended Consequences

7. Unintended Consequences

8. Unintended Consequences

9. Unintended Consequences

10. PUBLlC SAFETY • Bodily Injury – • Exposure is unlimited • Medical Bills • Lost Wages • Pain & Suffering • Expectations Are Greater • We need to do (or should have done) MORE • Public granted more leeway/sympathy

11. 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.

12. ANSI A10.34-2001 (cont.) • NOISE (3.2.1) • Impact noises • Audible alarms/warning systems • Local jurisdictional considerations • Start/Stop times

13. 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/SWPPP’s can be included.

14. ANSI A10.34-2001 (cont.) • TRAFFIC HAZARDS (3.2.3) • Also follow MUTCD (D6.1) • Temporary structures built to withstand intended loads and prevent shifting • Emergency vehicle access • Prompt debris clean-up

15. 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 blocked • Sufficient notice

16. ANSI A10.34-2001 (cont.) • PEDESTRIAN HAZARDS (3.2.4 cont.) • Job site traffic • Fencing

17. PUBLIC SAFETY • Pedestrians & Bicycles • Vehicles • Other structures

18. 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

19. PUBLIC SAFETY • Using 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.

20. PUBLIC SAFETY • Wind blown materials… Loose Material Good controls in place Loose Material

21. PUBLIC SAFETY • Securing loads – even in pickups… Became a salvage title

22. PUBLIC SAFETY • Certified traffic control… Bicyclist attempting to cross behind a side dump Damaged signage

23. PUBLIC SAFETY • What is the hazard? Lack of adequate canopy maintenance Head-on crash exposure

24. PUBLIC SAFETY • People or vehicles? Off-set K-Rail next to bike path Blocking (partially) pedestrian traffic & no wind weight

25. PUBLIC SAFETY • Pedestrian tripping exposures

26. PUBLIC SAFETY • Pedestrian laceration exposure Damaged panels Unprotected trenches

27. PUBLIC SAFETY • Construction accidents involving General Liability coverage’s 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 didn’t document it…it didn’t happen”

28. “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 – CRITICAL • DOCUMENT 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!!

29. Sample Evaluation Plan(Yes, you may have a copy…)

30. The Reality of Construction Liability • Statute 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

31. WITNESSES • Are 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?

32. WITNESSES

33. WORK ZONE SAFETY In the end, its how we do our job.

34. THINKING OUTSIDE THE FENCE QUESTIONS? Thank you for your participation.