Dubious Distinctions

August 18, 2004 - Among the most notable findings of a report recently released by St. Paul Travelers Insurance Group, St. Paul, Minn., is that more fatalities occur on rented aerial lifts than on other types of rental equipment. Among rental equipment, personnel lifts also accounted for the highest costs on insurance claims-a dubious distinction that aerial work platforms have held for at least 20 years.

More than 3,500 incidents involving rental equipment occurring from 1996 to 2002 were included in the study, which is titled "Renting Dangerously: Injuries, fatalities, and losses in the equipment rental industry." The study examined the types of equipment, including aerials, cranes, and forklifts, that pose the greatest risk in the equipment rental industry.

Accidents associated with rental aerial lifts were the leading cause of rental equipment-related fatalities. Five of the 18 were attributed to personnel lifts. Of those fatalities, four involved power line contact. As much as aerial lifts can make access to high places safer for the worker that safety relies on the operator being trained and experienced.

Despite the fact that OSHA requires forklift operators to be certified, forklifts-responsible for four fatalities in the study-came in second. It is interesting to note that three of the four killed were bystanders rather than operators.

Cranes were included for the first time in this study, and this equipment category represented less than 1% of the total cost of all claims compared to 20% for personnel lifts. Cranes came in 18 th out of 20 in the loss ranking. This is no doubt due to the fact that cranes are often rented along with an experienced operator. Crane operation, even in a bare rental situation, requires a certain amount of skill and experience. And the trend toward certified crane operators has been embraced by operators, employers, unions, and manufacturers, alike.

As an expert witness defending rental companies in dozens of aerial lift accidents, I was not surprised that the report identified operator error as the root cause of many of the accidents. More enlightening was that the accidents often involved a third party-someone other than to whom the aerial lift was rented. We all know that idle equipment on the jobsite often gets "borrowed" regardless of who rented it.

Unauthorized use is a long-standing problem with aerial lifts. In some states it is called "theft of service." This practice costs rental companies-and their customers-big time. And I am not just referring to the astronomical cost of liability insurance. Because unauthorized users are not on a rental contract they have little incentive to properly care for the machine. They often sneak in on weekends or at night when equipment is idle to get a free ride on someone else's dollar. My personal observation is that people involved in "theft of service" are also less likely to use trained operators.

To stem the tide, everyone in the supply chain must get on board. Manufacturers must design equipment than can be easily disabled when not in use. Rental companies must be timely in picking up equipment at the end of a rental. They should also require their customers to use security devices, when the machine is so equipped. And, all those reputable contractors that pay good money for good equipment must agree to protect and secure their rented property. Lock it up. Disable it. Exhibit no tolerance for "theft of service" practices. Because when a contractor rents a machine, ultimately he has sole responsibility for it.