Crane Company Safety: Navigating OSHA and FMCSA Standards to Avoid Negligent Hiring, Entrustment and Retention

In 2012, I left my job as a NCCCO certified operator to join an insurance company that specialized in insurance and risk management for the crane industry. The opportunity to serve the industry that had given me a fulfilling career was both exciting and nerve-wracking. Over time, I noticed patterns in the claims that resulted in significant financial impacts on the industry. Crane companies were often held responsible for negligent hiring, entrustment, and retention practices during the litigation process. In this short article I wanted to help the industry understand what negligent hiring, entrustment, and retention is and what regulations and standards these companies should review to mitigate that exposure.

What is negligent, entrustment, and retention?

Negligent hiring, entrustment, and retention refer to legal concepts in which an employer can be held liable for the actions of an employee if the employer knew or should have known that the employee posed a risk of harm to others. Negligent hiring refers to the failure to properly screen job applicants before hiring them, negligent entrustment refers to the failure to properly supervise or train an employee, and negligent retention refers to the failure to terminate an employee who poses a risk of harm.

To avoid these types of liability, employers should properly screen job applicants by conducting background checks and reference checks, properly train and supervise employees, and take appropriate action when an employee is found to pose a risk of harm. Additionally, it is also important to have clear policies and procedures in place that all employees are aware of and that are followed to prevent any such incidents.

Employers should also have a clear complaint mechanism, where any employee or customer can report any such incident and it is investigated, and action is taken if required.

What OSHA standards should a crane company understand to avoid negligent hiring, entrustment, or retention?

A crane company should understand several OSHA standards in order to avoid negligent hiring, entrustment, or retention. Some key standards that apply to crane operations include:

1.?????29 CFR 1926.1427 - Cranes and Derricks in Construction- Operator Qualification and Certification: This standard provides specific requirements for crane operator qualifications, including training and certification, and the type of equipment they are allowed to operate. By ensuring that crane operators are properly trained and certified to operate the equipment they are using, the company can reduce the risk of negligent entrustment.

2.?????29 CFR 1926.1400 - Cranes and Derricks: This standard provides general requirements for cranes and derricks in construction, including requirements for equipment inspections, operator qualifications, and signaling. By ensuring that the equipment is properly inspected, maintained, and that operators are properly qualified and trained, the company can reduce the risk of negligent retention.

3.?????29 CFR 1910.178 - Powered Industrial Trucks: This standard applies to powered industrial trucks, including forklifts, and includes requirements for operator training and certification. By ensuring that powered industrial truck operators are properly trained and certified, the company can reduce the risk of negligent entrustment.

4.?????29 CFR 1904 - Recording and Reporting Occupational Injuries and Illnesses: This standard requires employers to record and report work-related injuries and illnesses, it also contains provisions on employee involvement, access to records, and whistleblower protections. By having a proper reporting mechanism, and addressing any reported incidents promptly and effectively, the company can reduce the risk of negligent retention.

5.?????29 CFR 1910.120 - Hazardous Waste Operations and Emergency Response (HAZWOPER): This standard applies to employers engaged in hazardous waste operations and emergency response, and includes requirements for employee training, medical surveillance, and emergency response plans. By ensuring that employees are properly trained and that emergency response plans are in place, the company can reduce the risk of negligent retention.

What FMCSA standards should a crane company understand to avoid negligent hiring, entrustment, or retention?

Additionally, a crane company should understand several Federal Motor Carrier Safety Administration (FMCSA) standards in order to avoid negligent hiring, entrustment or retention. Some key standards that apply to crane operations include:

1.?????49 CFR 391 - Qualifications of Drivers: This standard provides requirements for driver qualifications, including minimum age, physical qualifications, and driving experience. It also includes requirements for drug and alcohol testing and disqualification of drivers who have violated certain regulations.

2.?????49 CFR 380 - Controlled Substances and Alcohol Use and Testing: This standard regulates the use of controlled substances and alcohol by commercial drivers and includes requirements for drug and alcohol testing, including pre-employment, random, reasonable suspicion, and post-accident testing.

3.?????49 CFR 382 - Alcohol Misuse and Controlled Substances: This standard provides regulations for alcohol and controlled substance testing and prohibited conduct, including possession, use, or being under the influence of alcohol or controlled substances while on duty.

4.?????49 CFR 393 - Parts and Accessories Necessary for Safe Operation: This standard provides requirements for the maintenance and repair of commercial motor vehicles, including cranes, to ensure that they are in safe operating condition.

5.?????49 CFR 396 - Inspection, Repair, and Maintenance: This standard provides requirements for regular inspection, repair, and maintenance of commercial motor vehicles, including cranes, to ensure that they are in safe operating condition.

By understanding and complying with OSHA and FMCSA standards, a crane company can ensure that its operator, drivers, equipment, and vehicles are qualified and safe, and reduce the risk of negligent hiring, entrustment, or retention. Additionally, having a comprehensive safety program, regular training, and compliance with the federal regulations, as well as clear policies for reporting any violations will further help to avoid any such incidents.