Subrogation of Workman s s Comp Claims Associated with Stand-Up Forklifts

Transcription

1 Subrogation of Workman s s Comp Claims Associated with Stand-Up Forklifts Ben T. Railsback, M.S., P.E. Forensic Engineer J. Brent Austin, Esq. Attorney at Law baustin@jbrentaustin.com The Austin Law Firm

2 Outline of Presentation 1. Introduction to Stand-Up Forklifts 2. Hazards Associated With Stand-Up Forklifts 3. Safety Engineering Analysis 4. Case Study #1 Horizontal Intrusion 5. Case Study #2 Foot Crush 6. Conclusions: Horizontal Intrusion Foot Crush

3 Introduction to Stand-Up Forklifts Reach and Counterbalanced Trucks Operator Compartment

4 Introduction to Stand-Up Forklifts Sit Down Operator Compartment

5 Introduction to Stand-Up Forklifts Straddle vs. Reach Trucks

6 Introduction to Stand-Up Forklifts Small Turning Radius of a Reach Truck

7 Introduction to Stand-Up Forklifts Counterbalanced Stand-Up

8 Introduction to Stand-Up Forklifts Video Clip of Counterbalance Stand-Up Small Turning Radius

9 Introduction to Stand-Up Forklifts Weight of Typical Stand-Up is 8,000 to 10,000 lbs

10 Hazards Associated With Stand-Up Forklifts Open Operator Compartment - Horizontal Intrusion - Lower Leg Crush Injury

11 Hazard of Horizontal Intrusion Open Operator Compartment

12 Hazard of Horizontal Intrusion Evolution of the Hazard Rack Heights Increase with Time

13 Hazard of Horizontal Intrusion Animation Clip of Horizontal Intrusion Event

14 Hazard of Horizontal Intrusion Mismatch Between Rack Height and Operator Compartment Height

15 Hazard of Horizontal Intrusion 30 Year History of Incidents

16 Hazard of Horizontal Intrusion Cumulative History of Incidents

17 Hazard of Lower Leg Injury Open Operator Compartment

18 Hazard of Lower Leg Injury Small Operator Compartment Platform

19 Hazard of Lower Leg Injury Deadman Pedal At Edge of Truck

20 Hazard of Lower Leg Injury Animation Clip - Lower Leg Crushing Injury Against Fixed Object

21 Hazard of Lower Leg Injury Significant Force

22 Hazard of Lower Leg Injury Significant Force

23 Hazard of Lower Leg Injury 30 Year History of Lower Leg Injury

24 Hazard of Lower Leg Injury Cumulative History of Lower Leg Injury

25 Safety Engineering Analysis 1. Eliminate the Hazard by Design 2. Reduce the Hazard through Design 3. Provide Safety Devices (Guards) 4. Provide Warnings 5. Provide Training, Instructions, Procedures 6. Provide Personal Protective Equipment

26 Safety Engineering Analysis 1. Design 2. Guard 3. Warn Simplified

27 Safety Engineering Analysis Forensic Engineering 1. Foreseeability/Awareness 2. Feasibility 3. Responsibility

28 Safety Engineering Analysis Guards Industry Awareness of Issue - Patents

29 Safety Engineering Analysis Industry Awareness Of Issue Industrial Truck Assoc. (ITA)

30 Safety Engineering Analysis Industry Awareness Of Issue Industrial Truck Assoc. (ITA)

31 Safety Engineering Analysis Guards Feasibility Video Clip - Testing of 3 rd Corner Post

32 Safety Engineering Analysis Guards Feasibility Video Clip Testing of Backrest Extension

33 Safety Engineering Analysis Guards Feasibility Video Clip Retrofit 4 th Corner Guard

34 Safety Engineering Analysis Guards Sit Down Forklifts Standard ROPS

35 Safety Engineering Analysis Guards New Design Sit Down Narrow Aisle With Posts

36 Safety Engineering Analysis Summary of Horizontal Intrusion Over 250 incidences of horizontal intrusion Over 100 serious injuries Over 14 fatalities A significant hazard A significant risk

37 Safety Engineering Analysis Industry Awareness Of Issue Industrial Truck Assoc. (ITA)

38 Safety Engineering Analysis Industry Awareness Of Issue Industrial Truck Assoc. (ITA)

39 Safety Engineering Analysis - Guards Governmental Awareness Of Doors OSHA Checklist

40 Safety Engineering Analysis - Guards Operator Compartment Door Intrusion Test Video Clip

41 Safety Engineering Analysis - Guards Operator Enclosure Freezer Cab

42 Safety Engineering Analysis Summary of Lower Limb Injury/Foot Crush Over 500 incidences of lower limb injury on trucks without doors Over 700 trucks equipped with doors no reported lower limb injuries

43 Case Study #1 Horizontal Intrusion Stand-Up Counterbalance Without Guarding

44 Case Study #1 Standard Racking System Above Operator Compartment

45 Case Study #1 Two Types of Steering Reverse Steering

46 Case Study #1 Two Types of Steering Forward Steering

47 Case Study #1 Operator s s Coat Witness Marks

48 Case Study #1 Operator s s Coat Witness Marks

49 Case Study #1 Witness Mark Alignment with Rack

50 Case Study #1 Truck and Rack Alignment with Guard

51 Case Study #1 Horizontal Intrusion Guard and Rack Alignment

52 Case Study #2 Foot Crush Injury Stand-up, Narrow Aisle, Reach Truck No Guarding

53 Case Study #2 Standard Racking

54 Case Study #2 4 th Corner Below Height of Racking 51 inches

55 Case Study #2 Standard Racking 58 inches

56 Case Study #2 Foot Crush Collision with Racking Post While Operator Ducks Operator s s Foot Comes Outside of Compartment

57 Conclusions Horizontal Intrusion Foot Crush Approximately 35 years of Injuries, Fatalities, Data At least 30 years of Litigation In 2007 A Manufacturer Changes Position A Manufacturer Releases New Product

58 Horizontal Intrusion Protection is Now Standard Equipment Stand-Up Counterbalance Truck with Third Post and Extended Backrest Conclusions

59 Conclusions New Equipment Designs Less Likely to Generate Foot Crush Injuries Sit Down Narrow Aisle Reach Truck

60 Thank You Subrogation of Workman s s Comp Claims Associated with Stand-Up Forklifts Ben T. Railsback, M.S., P.E. Forensic Engineer J. Brent Austin, Esq. Attorney at Law The Austin Law Firm