Jon J. Pina, MS, CSP, Safety, Health, and Environmental Expert ::::
Case Synopsis: The plaintiff, an experienced truck driver working for a new transportation company, drove his rig into a facility to unload the contents. After unloading his tanker, he hooked up the complimentary automatic rinsing apparatus, provided by the receiving facility (host). After the rinse cycle was completed, he closed the hatches on top of his rig and fell eleven feet, head first onto the concrete floor, fracturing his skull and both arms. The cause of the fall was unknown. The plaintiff filed a lawsuit alleging that the facility (host) had not provided him with protective fall protection equipment.
Expert Analysis: The defendant’s safety expert provided documentation, according to OSHA regulations, that it was the plaintiff’s employer’s responsibility to provide personal protective equipment and training on the use of such equipment. The host (defendant), by OSHA law, was not allowed to provide a safety harness to anyone other than their own employees.
Result: Case Settled.Case Studies