Michigan Case Report: 05MI045 |
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Summary
On February 11, 2005, a 34-year-old male tow truck driver was killed
when a car driven by an intoxicated individual left the roadway and hit
him. The victim positioned the tow truck in front of the disabled car,
which had a flat tire. Both the tow truck and disabled car were on the
east shoulder of the road, facing north. The tow truck beacon lights were
activated. The victim was operating a flatbed-style tow truck. He tilted
the bed down and attached the cables to the car. While he was on his cell
phone, he asked the customer for his keys so he could place the car’s
transmission into neutral. He instructed the customer to go on the passenger
side of the tow truck and sit in the truck cab. It is unknown if the victim
was getting into or out of the car on the driver’s side; the car
door was open. A northbound car, driven by an intoxicated individual,
left the roadway and struck the disabled car on the driver’s rear
side. The northbound car struck the victim, and then flipped over, landing
on its roof several yards north of the incident scene. The disabled vehicle
may have hit the tow truck causing it to overturn and enter a nearby ditch.
Emergency response was called. The victim was pronounced dead at the scene.
Recommendations:
- Tow truck operators should place portable emergency warning devices
such as reflective triangles on the roadway shoulder to alert oncoming
traffic.
- Tow truck operators should wear appropriate personal protective equipment,
such as high visibility vests.
- Employers should consider developing a cell phone usage policy and
instructing employees regarding the cell phone policy.
- Operators should use the tow truck controls located on the shoulder
side of the road.
Introduction
On February 11, 2005, a 34-year-old male tow truck driver was killed
when a car driven by an intoxicated individual left the roadway and hit
him. MIFACE investigators were notified of this work-related fatality
by a newspaper clipping. On August 17, 2005, MIFACE interviewed the owner
of the tow truck company. During the course of writing the report, the
police report, medical examiner’s report and death certificate were
reviewed. MIFACE interviewed the owner of a service station that also
had wrecker services.
The employer provided roadside service and vehicle recovery and towing.
The company was a designated AAA responder, and had been in business for
26 years. The company also repaired vehicles. The company employed six
individuals. The victim’s job title was wrecker operator, but he
performed many “odd jobs” at the business. The victim had
been employed full time with this company for approximately eighteen years.
He worked eight-hour shifts, and began his workday at 8:00 a.m. The company
does not have an employee handbook or written health and safety policy.
The company relied upon the AAA Vehicle Towing Guidelines to provide guidance
for towing different types of vehicles. On-the-job health and safety training
was provided by the employer. Safety meetings with employees were not
held.
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Investigation
The incident occurred on an asphalt two-lane roadway with a grass median
dividing the two northbound and two southbound lanes. The roadway was
clearly marked on each side of the road. The road shoulders were improved
with asphalt and rumble strips. The roadway was dry and the temperature
was approximately 30 degrees F. The speed limit was 70 mph.
The disabled vehicle had been traveling northbound and had pulled off
on the east shoulder due to a flat right front tire.
The victim was operating a 1991 International wrecker. He was on his
second tow call of the day. The firm received a call that a vehicle had
pulled off on the shoulder with a flat tire. The decedent left for the
disabled vehicle’s location shortly after lunch at approximately
12:45 p.m. He was not wearing a high visibility vest or clothing.
Upon arrival, he traveled a short distance north of the vehicle, pulled
onto the shoulder, and then backed to the vehicle. The truck’s red
flashing lights were activated. He tilted the truck bed down and had hooked
the tow cables to the car. He asked his customer for his keys so he could
place the car transmission into neutral. After the customer gave his car
keys to the victim, the victim instructed the customer to sit in the tow
truck cab while he completed loading the car onto the flatbed. The customer
walked towards the passenger side of the wrecker.
During this time, the victim was on his cell phone talking with a family
member. The disabled vehicle’s driver side door was open. It is
unknown if the victim was getting into or out of the disabled vehicle
when he was hit by the oncoming car.
The driver of a northbound car was operating his vehicle while intoxicated.
Traveling 70-75 mph, he fell asleep and veered off of the roadway. He
awoke and his vehicle hit the rear of the disabled vehicle on the driver’s
side. Then his vehicle hit the victim. The customer, who was at the tow
truck’s passenger right rear tire heard a loud noise and was then
knocked to the ground. The northbound vehicle flipped over and came to
rest on the west shoulder of the roadway, north of the incident scene.
The disabled vehicle struck the wrecker and rolled into a ditch by the
side of the road.
Emergency response was called. The victim was declared dead at the scene.
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Cause of Death
As stated by the Medical Examiner on the death certificate, the cause
of death was multiple trauma. Toxicology was negative for alcohol and
screened drugs.
Recommendations/Discussion
Tow truck operators should place portable emergency warning devices
such as reflective triangles on the roadway shoulder to alert oncoming
traffic.
Although time consuming to position, the emergency warning devices will
further alert oncoming vehicles to work being performed on the road shoulder.
The rotating beacon lights on the truck should be activated at all times
while on the road shoulder.
Operators should carry the reflective triangles with the reflective side
toward oncoming traffic when placing them. A good “rule-of-thumb”
to estimate distance is that a normal stride measures 30 inches, or 2.5
feet. Place the warning devices as follows:
- On a two-lane road with traffic in both directions
or on an undivided highway, place warning devices within 10 feet of
the front or rear corners to mark the location of the vehicle and 100
feet behind and ahead of the vehicle, on the shoulder or in the lane
in which you stopped.
- If a motor vehicle is stopped or disabled within
500 feet of a curve, crest of a hill or other obstruction to view, place
the warning device in that direction as to afford ample warning to other
users of the highway, but in no case less than 100 feet nor more than
500 feet from the disabled vehicle.
- On or by a one-way or divided highway, place warning
devices 10 feet, 100 feet, and 200 feet toward the approaching traffic.
Tow truck operators should wear appropriate personal protective equipment,
such as high visibility vests.
Tow truck operators work in situations that make it difficult for them
to be seen. They are routinely exposed to the hazards of low visibility
on the job; they are on foot, near disabled vehicles, and working near
roadway traffic. Reflective vests and high visibility clothing assist
an oncoming driver to see the operator both day and night.
The Manual on Uniform Traffic Control Devices (MUTCD) states that all
workers shall wear bright highly visible clothing when working in or near
moving traffic. The International Safety Equipment Association has published
the American National Standard for High-visibility Safety Apparel (ANSI/SEA
107) that recommends specific types of reflective equipment while working
in or near moving traffic.
The standards specify three conspicuity classes of garments based on
the wearer's activities. Class 3 garments provide the highest level of
conspicuity to workers with high task loads in a wide range of weather
conditions where traffic exceeds 50 mph. Class 2 garments are intended
for users who need greater visibility in inclement weather conditions
and whose activities occur near roadways where traffic speeds exceed 25
mph.
During wet weather when working outside the tow truck, the operator should
wear protective rain gear that has reflective markings. Protective gloves
should be worn where appropriate. Appropriate personal protective equipment,
such as that needed for blood borne pathogens should be kept in the truck
to provide for operator protection.
Employers should consider developing a cell phone usage policy and instructing
employees regarding the cell phone policy.
Cell phones are widely used, and at the time the victim was hit, he
was talking on his cell phone to a family member. A person using a cell
phone can become distracted when using a cell phone.
In discussion with the victim’s employer and another large towing
company, both owners indicated that the operator should be giving “100%
attention” to servicing the vehicle and the client. Both company
owners are reviewing their employee’s cell phone usage on the job
while involved in a vehicle recovery situation and while operating a company
vehicle on the road.
After developing the policy, employers should instruct employees regarding
the company’s policy on cell phone usage.
Appendix I contains an example cell phone usage
policy from the Employment Law Information Network. This resource can
be found at http://www.elinfonet.com/.
Click on Human Resources and then under the Policies: C, and then click
on cell phone.
Operators should use the tow truck controls located on the shoulder side
of the road.
Controls for the boom and lifting the vehicle are located on both the
roadside and the shoulder side of the truck. Although it is unknown which
set of lift controls the victim was operating, an operator should use
the controls on the shoulder side to provide additional protection from
oncoming traffic.
Resources
- Manual on Uniform Traffic Control Devices (MUTCD) 2003. US Department
of Transportation, Federal Highway Administration. Internet Address:
http://mutcd.fhwa.dot.gov/index.htm
- Braun Consulting News. Volume 8, Number 1, Summer 2005. Internet Address:
http://www.braunconsulting.com/bcg/newsletters/summer2005/summer20051.html
Michigan FACE Program
MIFACE (Michigan Fatality Assessment and Control Evaluation), Michigan
State University (MSU) Occupational & Environmental Medicine, 117
West Fee Hall, East Lansing, Michigan 48824-1315. This information is
for educational purposes only. This MIFACE report becomes public property
upon publication and may be printed verbatim with credit to MSU. Reprinting
cannot be used to endorse or advertise a commercial product or company.
All rights reserved. MSU is an affirmative-action, equal opportunity employer.
11/09/05
MIFACE Investigation
Report # 05MI045 Evaluation (see page 7 of report)
To contact Michigan
State FACE program personnel regarding State-based FACE reports, please
use information listed on the Contact Sheet on the NIOSH FACE web site
Please contact In-house
FACE program personnel regarding In-house FACE reports and to gain
assistance when State-FACE program personnel cannot be reached.
Appendix I
USE OF CELL PHONES WHILE AT WORK
Purpose
The use of a personal cell phone while at work may present a
hazard or distraction to the user and/or co-employees. This policy is
meant to ensure that cell phone use while at work is both safe and does
not disrupt business operations.
Use of Cell Phones While at Work
Unless otherwise authorized, employees may only use personal
cell phones for an emergency. To the extent authorized or as the circumstances
may warrant, cell phone use should be limited to making telephone calls.
Additional Cell Phone Functions and Services
In addition to telephone service, many cell phones or cellular
providers offer a host of additional functions and/or services, including
text messaging and digital photography. It is not possible to list all
of the services that are now -- or may become -- available. Whether enumerated
or not, employees are strictly prohibited from using any of these
services while at work.
Discipline
Violation of this policy will subject an employee to disciplinary
action up to and including immediate termination.
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