Preeminent Trucking and Logistics Experts Evaluate Serious Worker Injury During Unloading

Case Overview

This case involves a man who suffered injuries while unloading a tractor trailer. The man was on the loading dock when the tractor trailer suddenly, and without warning, pulled away. There were locking devices embedded in the dock with hooks that locked the underride bar in place. In this instance, the lock broke when the trailer pulled away. It is alleged that the lock system was faulty and the unexpected departure of the truck caused the plaintiff to suffer serious injuries. The plaintiff had been unloading wares from the back of the truck when, suddenly, the truck began rolling away from the dock, causing the plaintiff to fall and sustain serious injuries.

Questions to the Transportation expert and their responses

What is the responsibility of the truck driver in this situation?

Potentially, the driver violated company policy and obviously the loading policy at the shipper's location. When the shipper does not allow the driver to view loading and securement, this shifts the responsibility to the shipper. The driver should have viewed the dock lights, checked both sides of the truck before moving, pulled forward to secure doors, and applied the seal.

What experience do you have using this type of restraint?

I have seen multiple customers with this style restraint over the last several years.

Please explain your experience reviewing similar matters.

At one of the companies I worked for, two similar incidents occurred. My experience has been that OSHA cites the shipper when safety appliances fail or are not utilized and the driver pulls away from the dock. General industry regulations relative to truck loading docks are largely embedded in requirements for Powered Industrial Trucks (1910.178). Specific requirements aimed at preventing trailer/dock separation incidents are: 1910.178(k)(1): The brakes of highway trucks shall be set and wheel chocks placed under the rear wheels to prevent the trucks from rolling while they are boarded with powered industrial trucks....and 1910.178(m)(7): Brakes shall be set and wheel blocks shall be in place to prevent movement of trucks, trailers, or railroad cars while loading or unloading.

About the expert

This transportation safety expert regularly advises his employees on safety protocol and compliance with Department of Transportation regulations. A former police officer, US Marshal, and Army contractor in Iraq, he has ensured compliance in the transportation industry for 14+ years. In 2002, he graduated from the Federal Motor Carrier Safety Administration's (FMCSA) Safety Investigator's Academy and served as FMCSA Special Agent investigating transportation companies by conducting roadside enforcement, compliance reviews, hazmat material shipper reviews, and accident investigations (fatal/non-fatal) involving commercial motor vehicles. He has worked in the transportation industry as a safety director, vice president of safety, and a safety consultant. Additionally, he is certified in fall protection requirements of OSHA, ANSI, and CSA. From 2014 until mid-2016, he was the Midwest Director of Safety & Compliance for leading freight company Genesee & Wyoming Inc.

E-037087

Specialties:

Transportation