November 24, 2008
Friday, an NER member rental fleet lost a 2004 John Deere 310-G Backhoe to theft in Miami, Florida. This represents the 30th backhoe reported stolen to NER in southern Florida in 2008. As the theft trends highlighted below illustrate, equipment theft is evolving but not in a positive direction; unfortunately it is becoming more organized, more focused, and more prolific.
As we do at every holiday, NER encourages equipment owners and Law Enforcement to practice vigilance and preparedness in anticipation of the upcoming Thanksgiving holiday- tips are included below. This time, please take heed of these statistics, and recognize how you as an individual officer, investigator or equipment industry professional can have an impact on reversing the trends. Steps taken now can prevent the thefts from occurring which is the greatest way we can actively respond to the ever growing and evolving threat of the equipment thief.
THEFT TRENDS:
Conversion Thefts- reports of thefts by fraud against large and small rental companies are on the rise across the country. Other than the increase in this type of theft, there is no pattern to how it is committed. Some perpetrators use false identification and sophisticated fake credit documents while others simply rent equipment and disappear. Rental companies must be mindful of individuals with no prior rental history or local business ties, but also the old scam of individuals pretending to work for a large company. Take extra steps to verify a customer's identity, and communicate with large companies about their rental authorization policies. When you rent a machine, take action that will help retrieve the machine or locate the customer should the rental go bad. Law Enforcement is encouraged to verify the status of any rented machine with NICB and the renting company. NER's database can be accessed through NICB 24 hours a day, and all member rental companies list emergency after hours contacts who can verify a machines status.
Skid Steer Loaders still are the most stolen machine this month. A growing trend in Georgia is the theft of Tracked Skid Steers or Compact Tracked Loaders, particularly Takeuchi machines. If you have experienced a similar theft, be sure to contact Detective Dan Rossman, Cobb County Police Auto Theft, 770-499-4574 or drossman@cobbcounty.org
Utility Carts/Vehicles - more John Deere Gators, Bobcat Toolcats and Kubota RTV-900's were stolen than tractors or backhoes this month. The popularity of these machines in the market is mirrored by their appeal to thieves. Owners and rental companies should implement physical security measures to prevent the unauthorized use of machines, as often the theft is opportunistic. Dealers need to take proactive measures to protect machines on display and in storage by immobilizing them, blocking them with larger machines or better yet storing them inside at night. Law Enforcement who encounter machines should verify their status with an owner if NCIC returns no hit for theft- NER has encountered many thefts recorded as simple burglaries with no machine PIN/Serials Numbers entered on NCIC.
Older Machines- Western States report a rise in older machine thefts. Its possible these may include insurance scams but also may point to a criminal element burned in the past by newer machines equipped with GPS, and targeting perfectly good older machines which will less likely be GPS enabled. Older machine owners in the 4 Corners States and Nevada should not assume their equipment is less vulnerable due to its age.
Top Four States - Georgia and Texas tied for most thefts, followed by California and Florida.
UNIQUE THEFTS:
High Value Theft of the Month
$100,000+ 2008 Caterpillar D-5-G LGP Dozer, PIN CAT00D5GARKG03618 stolen on a highway project in Western Alabama on November 6. Any machine similar to this, especially being exported anywhere on the eastern sea-board, should be examined with consideration that its identity may be altered or counterfeit- verify ownership on all machines. (Sumter County report # 2008-350)
Image of Similar Machine
Theft Concentration- Miami
NER has received 30 theft reports on Backhoe Loaders in the greater Miami area. 3 Case machines, 6 Caterpillar, 2 Komatsu and 19 John Deere. Undoubtedly this does not reflect all the machines taken in this area- If your agency has received a report on a backhoe theft in this area, or you as an owner have suffered a theft, be sure to report it to NER to ensure the machine data is accurate and so that the data is widely accessible to Law Enforcement nationally through NICB and NER. Take steps to protect your machines in this area not with an attitude that you may be targeted but that you will be targeted. Regardless of make or age, all machines in this area should be disabled when not in operation, or stored in yards or in doors. Be sure you have up to date emergency contact information on your NER Machine Ownership registration.
Law Enforcement is encouraged to examine any backhoe in transit after hours - it most likely will not be on NCIC as stolen as it may have just been stolen. Contact NICB to obtain the NER ownership record and contact that owner. Remember- NCIC only proves machines are stolen- In no way can NCIC confirm a machine IS NOT stolen. Only an owner can confirm his machine is where its supposed to be. Be especially wary of counterfeit or stolen machine PIN plates concealing the machine's true identity. This is another reason to contact the machine owner - to see if you have a machine in two places at once.
Image of commonly targeted John Deere 310 series backhoe
THANKSGIVING HOLIDAY REMINDER
Its doubtful the criminal element behind the evolution of equipment theft will be taking a break this Thanksgiving; equipment owners should not either. Regardless of how significant the theft problem is locally, owners should follow a few common sense principles to reduce their vulnerability to theft, and increase awareness of potential criminal activity in their area.
Pro-Active Measures
1. Disable machines that have to be left on jobsites -have field service mechanics remove battery cables, pull fuses, relays or ignition circuits, or remove tires. Make use of lock up devices that prevent operation - see www.equipmentlock.com for examples. Be sure lighting works to expose activity on a site, not facilitate it. Recent thefts were not deterred by portable chain link fences, which were merely pushed aside or unbolted- have a second line of defense.
2. Leaving a machine or materials loaded on a trailer invites theft- even if secured within a yard. If trailers must be left loaded, immobilize the trailer. Set the frame on jack stands or cribs, remove the hitch or use a hitch lock, and park the trailer away from the gate.
3. Designate an employee or supervisor to make a random check of sites throughout the holiday and over the weekend. Be sure this person knows what machines, tools and materials should be at each site so that missing property is not overlooked, and can be reported quickly and accurately.
4. Contractors and sub-contractors should advise site security guards if any activity is expected over the holiday as thieves are often familiar with the worksite and may even have credentials that they should be on the site or moving equipment. Be certain guards have a contact number so that they can alert you as needed.
5. Let employees know that management will be making spot checks of jobsites - let employee gossip work to your advantage. If you are closed Friday, bring all the machines in Wednesday and spread the rumor that they were all fitted with GPS over the break.
6. Post signs with an emergency contact number, and signs that say you offer a reward for information on thefts or vandalism at a site. Signs can also let the thief know that patrols are in the area and that machine serial numbers are recorded on National Equipment Register's databases, and are accessible to police 24 hours-a-day. Signs are available from CICP ( www.cicpp.com )
7. Contact your local police patrol commander to advise them whether activity should be taking place on your site or at your yard. Provide a 24-hour contact number in case something comes up at your site. If this was done at the start of your project, now would be a good time to refresh that line of communication. Print up a handout with the job address, pictures of your equipment and emergency phone numbers that can be handed out at roll call.
8. Be ready to make a report of any theft, graffiti or vandalism as soon as it is discovered - before an incident occurs, know which agency to call, have an accurate list of equipment serial numbers, and know which machines are at which site. Report the incident immediately to police and call NER with thefts for inclusion in the NER database and theft alerts.
It is critical to report any machine thefts to NER as soon as a Law Enforcement report has been made- NER can catch errors in reporting in the critical period just after the theft when Law Enforcement is most likely to encounter the machine.
9. Thefts and break ins will occur this holiday- be watchful of your equipment and facilities and those of others in your community. Find out before hand what agency to report to should you see something odd on a site or dealer yard, or encounter a machine being moved that maybe should not be. Wouldn't you want someone to call if they saw YOUR machine being stolen?
Act Locally- Get involved with a crime prevention program. In the Pacific Northwest and throughout California, contact the regional Construction Industry Crime Prevention Programs:
CICP of the Pacific Northwest
www.cicpp.com
CICP OF NORTHERN CALIFORNIA
www.constructioncrime.com
CICP OF CENTRAL CALIFORNIA
www.cicpp.org
CPP OF SOUTHERN CALIFORNIA
www.crimepreventionprogram.com
For Agricultural Communities in California:
California Rural Crime Prevention Task Force
www.crcptf.com
ACTION Project
www.agcrime.net
Act Nationally- be sure your equipment is registered on National Equipment Register's databases before a theft occurs. See all the details at:
www.stopequipmenttheft.com or www.nerusa.com
If you have any questions or need more information, please contact NER- analysts are available to assist you make a complete report as soon as possible- call 866-663-7872 (866-6-NER-USA)
More information can be found in NER's free 12 page Theft Prevention Guide available for download at www.nerusa.com/theftPrevention.asp
Have a safe and happy Thanksgiving Holiday.
Many Happy Recoveries,
Stacy Kaufman
Marketing and Sales Director
561.843.3753
______________________________________________________
NOVEMBER HOT LIST
The below HOT LIST includes sample thefts from across the country. NER distributes this alert in addition to regional alerts in order to forewarn owners of activity locally, and to help Law Enforcement recognize activity regionally.
If the list does not appear properly in text format, see www.stopequipmenttheft.com/Hotlist.html
or reply to this message to have it sent as an attachment in PDF
Theft State
Make
Model
Year
Subtype
PIN
AB, CA
JOHN DEERE
317
2005
SKID STEER LOADER
T00317A143718
AL
CATERPILLAR
236-B
2006
SKID STEER LOADER
CAT0236BVHEN04801
AL
CATERPILLAR
D-5-G
2008
DOZER
CAT00D5GARKG03618
AL
CATERPILLAR
257-B
2007
SKID STEER LOADER, TRACKED
CAT0257BLSLK06961
AZ
SCHWING
WP-750
2005
CONCRETE PUMP, TOWED
171012439
CA
BOBCAT
S-250
2006
SKID STEER LOADER
526018572
CA
JOHN DEERE
35-C-ZDT
2004
MINI EXCAVATOR
FF035CX232289
CA
JOHN DEERE
4120
2007
TRACTOR
LV4120H410383
CA
JOHN DEERE
5520
2003
TRACTOR
LV5520S352432
CA
MULTIQUIP
DCA-25
2006
GENERATOR
8101928
CA
SULLAIR
185-DPQ-JD
2006
AIR COMPRESSOR
200602100033
CA
VERMEER
BC-1000
2004
BRUSH CHIPPER
1VRU111A441004290
CO
CASE
1845-C
1990
SKID STEER LOADER
JAF0068607
FL
BOBCAT
331
2005
MINI EXCAVATOR
234313526
FL
JOHN DEERE
310-SG
2007
BACKHOE
T0310SG960832
FL
JOHN DEERE
310-G
2004
BACKHOE
T0310GX929512
FL
JOHN DEERE
310-G
2004
BACKHOE
T0310GX928968
FL
JOHN DEERE
GATOR XUV
2008
UTILITY CART
M0XUVGC021109
FL
KOMATSU
WB-140
2005
BACKHOE
KMTWB001K36A22418
FL
KOMATSU
WB-140
2005
BACKHOE
KMTWB001K36A20992
GA
CASE
450
2008
SKID STEER LOADER
N8M484137
GA
CATERPILLAR
416-D
2002
BACKHOE
CAT0416DABFP06685
GA
CATERPILLAR
330-B-L
1998
EXCAVATOR
6DR02421
GA
CATERPILLAR
320-L
1994
EXCAVATOR
9KK02146
GA
KOMATSU
PC-50-MR
2004
MINI EXCAVATOR
KMTPC094T05007864
GA
TAKEUCHI
TL-150
2005
SKID STEER LOADER, TRACKED
21502166
GA
TAKEUCHI
TL-140
2008
SKID STEER LOADER, TRACKED
21406480
GA
TAKEUCHI
TL-130
2004
SKID STEER LOADER, TRACKED
21302843
HI
CATERPILLAR
226-B-II
2008
SKID STEER LOADER
CAT0226BKMJH11487
ID
JOHN DEERE
GATOR 4X2
2007
UTILITY CART
W04X2SD019056
IL
BOBCAT
S-250
2006
SKID STEER LOADER
530913745
IL
CATERPILLAR
963-C
2003
LOADER, TRACKED
CAT0963CH2DS03067
IL
NEW HOLLAND
TN-75
2002
TRACTOR
001272886
IL
SKYJACK
SJ-3219
1999
SCISSOR LIFT
227541
KY
INGERSOLL RAND
185-WJD
2005
AIR COMPRESSOR
345862UE0221
MD
CATERPILLAR
257-B
2007
SKID STEER LOADER, TRACKED
CAT0257BTSLK06030
MD
JOHN DEERE
TURF GATOR
2001
UTILITY CART
VG0TURF015851
MD
JOHN DEERE
HPX GATOR
2004
UTILITY CART
M0HP4GX018341
MD
JOHN DEERE
TURF GATOR
2004
UTILITY CART
W00TURF019665
MD
JOHN DEERE
6X4
2006
UTILITY CART
W06X4HD004293
MD
JOHN DEERE
6X4
2006
UTILITY CART
W006X4D041580
MD
KAWASAKI
610 MULE
2006
UTILITY CART
JK1AFEA156B514215
MI
CATERPILLAR
257-B
2007
SKID STEER LOADER, TRACKED
CAT0257BESLK06378
MN
BOBCAT
5600-T
2006
UTILITY CART
A00311369
MO
GEHL
4635
2003
SKID STEEL LOADER
303759
MO
NEW HOLLAND
LX-865
1999
SKID STEER LOADER
99601
NE
INGERSOLL RAND
P-185
1995
AIR COMPRESSOR
253565UBF327
NE
KUBOTA
ZG-327
2008
COMMERCIAL MOWER
11066
NM
INGERSOLL RAND
P-185
1996
AIR COMPRESSOR
263149UCG327
NV
CASE
580-L
1999
BACKHOE
JJG0244432
NY
CATERPILLAR
P-5000
2008
FORK LIFT
AT3511813
NY
JOHN DEERE
HPX GATOR
2008
UTILITY CART
M0HP4DX051967
NY
KUBOTA
R-520-S
2008
ARTICULATED LOADER
20124
NY
YALE
GLC
2001
FORK LIFT
E187V16910Y
OH
GENIE
TZ-34-20
2003
AERIAL LIFT, TOWED
TZ3403-296
OH
VERMEER
BC-625-A
2003
BRUSH CHIPPER
1VRU091S431005979
OK
CATERPILLAR
D-5-C
2000
DOZER
7PS01342
OK
JOHN DEERE
2210
2003
TRACTOR
LV2210H113674
OK
JOHN DEERE
GATOR 4X2
2002
UTILITY CART
W004X2X080913
OK
JOHN DEERE
GATOR 4X2
2005
UTILITY CART
W004X2X104633
OK
MASSEY FERGUSON
MF-263
1999
TRACTOR
H37077
SC
CATERPILLAR
252-B
2004
SKID STEER LOADER
CAT0252BTSCP00735
SC
KUBOTA
MX-5000
2007
TRACTOR
58020
TN
CATERPILLAR
287-B
2005
SKID STEER LOADER, TRACKED
CAT0287BHZSA02828
TN
KUBOTA
B-7800
2006
TRACTOR
67294
TX
CASE
580-M
2007
BACKHOE
N7C433075
TX
CATERPILLAR
426
1991
BACKHOE
7BC04908
TX
EZ DUMP
2006
TRAILER
5H20DXLP87W013317
UT
CASE
580-SUPER-L
1998
BACKHOE
JJG0204962
Many of the above machines may be headed to the used equipment market. Equipment buyers can ensure they are not buying stolen property by running an IRONcheck on NER: www.ironcheck.com
Any of the above machines may have been recovered. No action should be taken before the theft status of a machine can be verified with the reporting agency.
Law Enforcement personnel are encouraged to verify ownership or rental status on any equipment by contacting NICB 24 hours a day for access to NER's ownership and fleet records- 800-447-6282 (be prepared to provide your agency ORI)
This alert, and all recent NER alerts, will be available on line at: www.StopEquipmentTheft.com/Hotlist.html
If you have any questions or comments on this alert, or thefts in general, don't hesitate to contact an NER analyst.
National Equipment Register
David Grant Mossman
Senior Analyst
dmossman@nerusa.com
Tuesday, November 25, 2008
Friday, November 21, 2008
Preventing Theft of Contractors' Equipment
Preventing Theft of Contractors' Equipment
Introduction
Theft of contractors' equipment continues to be a serious problem for the construction industry. The National Equipment Register (NER) estimates the total value of equipment stolen annually from construction; sites range between $300 million and $1 billion. These statistics represent the value of stolen equipment and do• not include indirect costs from business interruption such as short-term rental costs, project delays, and lost production time. Theft of contractors' equipment has been steadily increasing over the last nine years; the Insurance Services Office (http:/twww.iso.com) reports the value of heavy-equipment thefts has been increasing by as much as 20% each year since 1996. Equipment theft occurs with all types of construction contractors in all geographic areas. A 2005 survey conducted by Equipment World magazine showed that almost 67% of the contractors that responded to their survey had experienced equipment theft.
The frequency of theft closely follows the amount of construction volume in a particular area. Historically, contractors' equipment theft occurrences are divided evenly between organized rings and individual thefts. However, the number and sophistication of professional theft rings that have concentrated on constr1Jction have increased recently. Organized theft rings are using the internet to resell stolen equipment to unsuspecting contractors or dismantle the equipment for resale of parts. Equipment used in North America is often stolen for export to Central and South America.
The construction industry also experiences very poor equipment recovery rates. The recovery rate for stolen contractors' equipment, estimated by the NER to be less than 10%, is a fraction of the national stolen-auto recovery rate of 62%, as stated in the FBI's Uniform Crime Report. (http://www.fbLgo.J/ucr/ucr.htm)
Why is Contractors' Equipment Theft So Prevalent?
The high frequency of contractors' equipment theft, and the very low recovery rate of stolen equipment, is attributed to the following conditions that are inherent to the construction industry.
• Construction sites are often in remote, poorly lit areas.
• Security at construction sites is often lacking (during construction operations and off hours).
• Off-road vehicles and equipment do not require titling and registration. Equipment is only identified by product identification numbers, (PIN), not the standard 17-digit vehicle identification (VIN) numbers used for cars and trucks. PIN formats are not standard and their placement is not uniform.
• Many mobile equipment manufacturers use common keying on their equipment (a single key fits both the cab door and the ignition for each model they manufacture).
• Authorized users of equipment are not always clearly defined.
• Many contractors do not have a good inventory of equipment they own or lease.
• There is a high demand for construction equipment and spare parts, especially when the construction economy is booming.
• Purchases of new equipment often require long lead-time before delivery can be made.
• There is often a delay in theft discovery and reporting (i.e. equipment stolen over the weekend not discovered stolen until Monday morning).
• The lack of pre-purchase checks in the used equipment and spare parts markets.
• Law enforcement has limited resources that can be dedicated to equipment investigations.
All of these factors make the construction industry attractive to thefts. The very low recovery rate of stolen equipment means that thefts are successful the majority of the time. Having stolen one machine, and found how easy it was to resell, causes the theft to continue until being caught. Professional theft rings often pay construction employees for information and availability.
Inventory Control
The first step in effective theft prevention is for contractors to know exactly what equipment they own or lease, and know where it is at all times. Procedures should be established to maintain an inventory control program which records at least the following information on each piece of equipment:
• Equipment manufacturer and model number.
• Serial, VIN, or PIN number if available; if none, a unique number should be placed on the equipment and recorded.
• Date of purchase; information needed in the event of a claim, manufacturers' recall, evaluation of equipment durability and related issues.
• Location of storage and use.
• Photograph.
• Personnel (names or job titles) authorized to operate the equipment.
Equipment owners must look at the mobility of equipment as well as value when looking at which equipment to focus security effort on. All too often contractors only concentrate on high value equipment and do not evaluate the ease of mobility. For example, cranes are high value pieces of equipment on any construction site but are seldom stolen as they are difficult to transport and easily identified thus making them hard to resell. Smaller, more commonly used mobile equipment is usually the target of thefts. According to the National Equipment Register (NER) 2004 Equipment Theft Report, (http://www.nerusa.com/index.asp) three types of construction equipment (skid steers, tractors, and backhoes) account for 68% of the losses; this equipment can be easily transported using a small trailer and easily resold (since they have little unique characteristics.) Other commonly stolen equipment are generators, compressors, welders, pumps, and arrow/message boards since these are also highly mobile (often times trailer-mounted) and easily resold.
Prevention
There is no single method or device that can eliminate theft of contractors' equipment. However, the construction industry and its suppliers have devised various means to limit losses from equipment theft. Theft prevention methods can be categorized as follows:
• Secure the premise worksite
• Secure individual equipment
• Register equipment
• Track equipment
An effective theft prevention program should include more than one approach and should be revised to reflect variations among construction sites. Similar to a contractors safety and health program, supervisors should be held accountable for administrating the theft prevention program and jobsite inspections should be made to verify effectiveness.
Secure the Premise/Worksite: Securing the entire construction worksite is a common theft prevention method used by general contractors. This method can be very effective for smaller, well'-defined sites but can be cost prohibitive for larger, more spread out worksites. Securing the entire premise usually involves one or more of the following controls and provisions.
• Perimeter fencing
• Controlled access points (as few as possible)
• Police patrol or private guard service (particularly during off-hours)
• "No Trespassing" signs posted along the perimeter
• Proper illumination throughout the site
• Closed Circuit Television (CCTV)
Secure Individual Equipment Securing individual equipment and supplies is often the preferred method of theft control. When the contractor does not control the entire site, when the site is large or spread out, or when equipment must be left Where it was last used at the end of each workday. Many contractors, such as street/road and site contractors, leave equipment on site each night to avoid the labor and fuel expenses associated with returning equipment to a central location at the completion of each workday. Securing individual equipment usually involves one or more of the following controls and provisions:
• Lock and key controls specific for each piece of equipment with a written key control program (i.e. use of a signature sheet)
• Use of "high security" locks only (unique key, pick resistant, case hardened or laminated steel)
• Prohibit the use of combination locks
• Use locks, chains and/or 4ables to secure equipment fitted with towing hitches or are trailer mounted; alternatively, remove the towing hitches or trailer wheels .
• Use locking fuel caps on all mobile equipment
• Metal grating over windows and doors of office trailers
• Immobilize office and storage trailers to prevent theft of the entire trailer ~ Locked gang boxes to secure smaller power and hand tools
• Mechanical tire locking devices (i.e. wheel boot device) to immobilize construction vehicles.
• Alarm systems that disable the equipment and/or sound an alarm if a theft attempt is made
Register Equipment: The National Equipment Register (NER) (http://www.nerusa.com/index.asp) offers a voluntary registry service that will register construction vehicles and make this database available to law enforcement to assist in the recovery. All registered vehicles are marked with NER decals, which increases the likelihood of detection while moving, storing, or selling the equipment, and acts as a theft deterrent. The registration consists of entering a machine's serial number, engine number, transmission number, and other selected identification numbers into a NER database.
Track Equipment: There are theft deterrence systems that track equipment after a theft is discovered and others that continuously track equipment. For example, LoJack's system for construction equipment is designed to recover stolen construction vehicles and equipment. When the owner discovers the equipment missing and calls law enforcement to report the theft, the system automatically becomes activated.
Global positioning system (GPS) fleet management systems have an inherent theft detection and tracking capability by continuously monitoring (tracking) construction equipment. Most GPS systems have a "geofence" capability that generates an alert if a vehicle leaves a permitted area or enters a prohibited area. In addition, many systems can define a secure period (Le. off-hours) and generate an alert if a vehicle moves or is moved during that period. Another inherent capability of a GPS-based system is the use of software to electronically disable vehicles so they cannot be illicitly moved (electronic lockdown). With this system, a contractor can remotely disable or enable equipment ignition, monitor vehicle condition, and generate an alarm if the equipment moves outside of predetermined boundaries.
Training
Effective theft prevention requires both management commitment and operator involvement. Management should establish written procedures for the shut-down, security, and storage of construction equipment. Written guidelines should be established on securing equipment during overnight stays and/or whenever operators are allowed to take equipment home. Superintendents and foremen should be held accountable for administering the company's theft prevention program.
Equipment operators should be involved throughout the process and be trained in the following:
• Secure vehicles and other equipment even when leaving it for short periods of time
• Park vehicles in well lit, high traffic areas whenever possible
• The company's inventory control program
• Use and maintenance of established theft prevention controls
This training should be included in the orientation program and reinforced during regularly scheduled training sessions (Le. "toolbox talks"). In addition, equipment operators should be consulted to provide input on possible theft control measures for the equipment they use.
For More Information
For additional information specific to your need, please contact your Hartford loss control consultant, or visit us at www.thehartford.com.
The information provided in this document is of a general nature, based on certain assumptions, and is intended as background material. The contents of this document may omit certain details and cannot be regarded as advice that would be applicable to all businesses. The background presented is not a substitute for a thorough loss control survey of your business operations. Readers seeking resolution of specific safety issues or business concerns regarding this topic should consult a professional safety consultant. We do not warrant that the implementation of any view or recommendation contained herein will result in the elimination of any unsafe conditions at your business locations or with respect to your business operations. Further, we do not warrant that the implementation of any view or recommendation will result in compliance with the health, fire, or safety standards or codes of any local, state, or federal ordinance, regulation, statute or law. We assume no responsibility for the control or correction of hazards, and the views and recommendations contained herein shall not constitute our undertaking, on your behalf or for the benefit of others, to determine or warrant that your business locations or business operations are safe or healthful, or are in compliance with any law, rule or regulation. Accordingly The Hartford disclaims any liability for loss, damage or injury to you, your employees, invitees, or any third parties, as a result of any views or recommendations expressed herein.
105723 Printed in U.S.A. © 2005 The Hartford, Hartford, CT 06115
Introduction
Theft of contractors' equipment continues to be a serious problem for the construction industry. The National Equipment Register (NER) estimates the total value of equipment stolen annually from construction; sites range between $300 million and $1 billion. These statistics represent the value of stolen equipment and do• not include indirect costs from business interruption such as short-term rental costs, project delays, and lost production time. Theft of contractors' equipment has been steadily increasing over the last nine years; the Insurance Services Office (http:/twww.iso.com) reports the value of heavy-equipment thefts has been increasing by as much as 20% each year since 1996. Equipment theft occurs with all types of construction contractors in all geographic areas. A 2005 survey conducted by Equipment World magazine showed that almost 67% of the contractors that responded to their survey had experienced equipment theft.
The frequency of theft closely follows the amount of construction volume in a particular area. Historically, contractors' equipment theft occurrences are divided evenly between organized rings and individual thefts. However, the number and sophistication of professional theft rings that have concentrated on constr1Jction have increased recently. Organized theft rings are using the internet to resell stolen equipment to unsuspecting contractors or dismantle the equipment for resale of parts. Equipment used in North America is often stolen for export to Central and South America.
The construction industry also experiences very poor equipment recovery rates. The recovery rate for stolen contractors' equipment, estimated by the NER to be less than 10%, is a fraction of the national stolen-auto recovery rate of 62%, as stated in the FBI's Uniform Crime Report. (http://www.fbLgo.J/ucr/ucr.htm)
Why is Contractors' Equipment Theft So Prevalent?
The high frequency of contractors' equipment theft, and the very low recovery rate of stolen equipment, is attributed to the following conditions that are inherent to the construction industry.
• Construction sites are often in remote, poorly lit areas.
• Security at construction sites is often lacking (during construction operations and off hours).
• Off-road vehicles and equipment do not require titling and registration. Equipment is only identified by product identification numbers, (PIN), not the standard 17-digit vehicle identification (VIN) numbers used for cars and trucks. PIN formats are not standard and their placement is not uniform.
• Many mobile equipment manufacturers use common keying on their equipment (a single key fits both the cab door and the ignition for each model they manufacture).
• Authorized users of equipment are not always clearly defined.
• Many contractors do not have a good inventory of equipment they own or lease.
• There is a high demand for construction equipment and spare parts, especially when the construction economy is booming.
• Purchases of new equipment often require long lead-time before delivery can be made.
• There is often a delay in theft discovery and reporting (i.e. equipment stolen over the weekend not discovered stolen until Monday morning).
• The lack of pre-purchase checks in the used equipment and spare parts markets.
• Law enforcement has limited resources that can be dedicated to equipment investigations.
All of these factors make the construction industry attractive to thefts. The very low recovery rate of stolen equipment means that thefts are successful the majority of the time. Having stolen one machine, and found how easy it was to resell, causes the theft to continue until being caught. Professional theft rings often pay construction employees for information and availability.
Inventory Control
The first step in effective theft prevention is for contractors to know exactly what equipment they own or lease, and know where it is at all times. Procedures should be established to maintain an inventory control program which records at least the following information on each piece of equipment:
• Equipment manufacturer and model number.
• Serial, VIN, or PIN number if available; if none, a unique number should be placed on the equipment and recorded.
• Date of purchase; information needed in the event of a claim, manufacturers' recall, evaluation of equipment durability and related issues.
• Location of storage and use.
• Photograph.
• Personnel (names or job titles) authorized to operate the equipment.
Equipment owners must look at the mobility of equipment as well as value when looking at which equipment to focus security effort on. All too often contractors only concentrate on high value equipment and do not evaluate the ease of mobility. For example, cranes are high value pieces of equipment on any construction site but are seldom stolen as they are difficult to transport and easily identified thus making them hard to resell. Smaller, more commonly used mobile equipment is usually the target of thefts. According to the National Equipment Register (NER) 2004 Equipment Theft Report, (http://www.nerusa.com/index.asp) three types of construction equipment (skid steers, tractors, and backhoes) account for 68% of the losses; this equipment can be easily transported using a small trailer and easily resold (since they have little unique characteristics.) Other commonly stolen equipment are generators, compressors, welders, pumps, and arrow/message boards since these are also highly mobile (often times trailer-mounted) and easily resold.
Prevention
There is no single method or device that can eliminate theft of contractors' equipment. However, the construction industry and its suppliers have devised various means to limit losses from equipment theft. Theft prevention methods can be categorized as follows:
• Secure the premise worksite
• Secure individual equipment
• Register equipment
• Track equipment
An effective theft prevention program should include more than one approach and should be revised to reflect variations among construction sites. Similar to a contractors safety and health program, supervisors should be held accountable for administrating the theft prevention program and jobsite inspections should be made to verify effectiveness.
Secure the Premise/Worksite: Securing the entire construction worksite is a common theft prevention method used by general contractors. This method can be very effective for smaller, well'-defined sites but can be cost prohibitive for larger, more spread out worksites. Securing the entire premise usually involves one or more of the following controls and provisions.
• Perimeter fencing
• Controlled access points (as few as possible)
• Police patrol or private guard service (particularly during off-hours)
• "No Trespassing" signs posted along the perimeter
• Proper illumination throughout the site
• Closed Circuit Television (CCTV)
Secure Individual Equipment Securing individual equipment and supplies is often the preferred method of theft control. When the contractor does not control the entire site, when the site is large or spread out, or when equipment must be left Where it was last used at the end of each workday. Many contractors, such as street/road and site contractors, leave equipment on site each night to avoid the labor and fuel expenses associated with returning equipment to a central location at the completion of each workday. Securing individual equipment usually involves one or more of the following controls and provisions:
• Lock and key controls specific for each piece of equipment with a written key control program (i.e. use of a signature sheet)
• Use of "high security" locks only (unique key, pick resistant, case hardened or laminated steel)
• Prohibit the use of combination locks
• Use locks, chains and/or 4ables to secure equipment fitted with towing hitches or are trailer mounted; alternatively, remove the towing hitches or trailer wheels .
• Use locking fuel caps on all mobile equipment
• Metal grating over windows and doors of office trailers
• Immobilize office and storage trailers to prevent theft of the entire trailer ~ Locked gang boxes to secure smaller power and hand tools
• Mechanical tire locking devices (i.e. wheel boot device) to immobilize construction vehicles.
• Alarm systems that disable the equipment and/or sound an alarm if a theft attempt is made
Register Equipment: The National Equipment Register (NER) (http://www.nerusa.com/index.asp) offers a voluntary registry service that will register construction vehicles and make this database available to law enforcement to assist in the recovery. All registered vehicles are marked with NER decals, which increases the likelihood of detection while moving, storing, or selling the equipment, and acts as a theft deterrent. The registration consists of entering a machine's serial number, engine number, transmission number, and other selected identification numbers into a NER database.
Track Equipment: There are theft deterrence systems that track equipment after a theft is discovered and others that continuously track equipment. For example, LoJack's system for construction equipment is designed to recover stolen construction vehicles and equipment. When the owner discovers the equipment missing and calls law enforcement to report the theft, the system automatically becomes activated.
Global positioning system (GPS) fleet management systems have an inherent theft detection and tracking capability by continuously monitoring (tracking) construction equipment. Most GPS systems have a "geofence" capability that generates an alert if a vehicle leaves a permitted area or enters a prohibited area. In addition, many systems can define a secure period (Le. off-hours) and generate an alert if a vehicle moves or is moved during that period. Another inherent capability of a GPS-based system is the use of software to electronically disable vehicles so they cannot be illicitly moved (electronic lockdown). With this system, a contractor can remotely disable or enable equipment ignition, monitor vehicle condition, and generate an alarm if the equipment moves outside of predetermined boundaries.
Training
Effective theft prevention requires both management commitment and operator involvement. Management should establish written procedures for the shut-down, security, and storage of construction equipment. Written guidelines should be established on securing equipment during overnight stays and/or whenever operators are allowed to take equipment home. Superintendents and foremen should be held accountable for administering the company's theft prevention program.
Equipment operators should be involved throughout the process and be trained in the following:
• Secure vehicles and other equipment even when leaving it for short periods of time
• Park vehicles in well lit, high traffic areas whenever possible
• The company's inventory control program
• Use and maintenance of established theft prevention controls
This training should be included in the orientation program and reinforced during regularly scheduled training sessions (Le. "toolbox talks"). In addition, equipment operators should be consulted to provide input on possible theft control measures for the equipment they use.
For More Information
For additional information specific to your need, please contact your Hartford loss control consultant, or visit us at www.thehartford.com.
The information provided in this document is of a general nature, based on certain assumptions, and is intended as background material. The contents of this document may omit certain details and cannot be regarded as advice that would be applicable to all businesses. The background presented is not a substitute for a thorough loss control survey of your business operations. Readers seeking resolution of specific safety issues or business concerns regarding this topic should consult a professional safety consultant. We do not warrant that the implementation of any view or recommendation contained herein will result in the elimination of any unsafe conditions at your business locations or with respect to your business operations. Further, we do not warrant that the implementation of any view or recommendation will result in compliance with the health, fire, or safety standards or codes of any local, state, or federal ordinance, regulation, statute or law. We assume no responsibility for the control or correction of hazards, and the views and recommendations contained herein shall not constitute our undertaking, on your behalf or for the benefit of others, to determine or warrant that your business locations or business operations are safe or healthful, or are in compliance with any law, rule or regulation. Accordingly The Hartford disclaims any liability for loss, damage or injury to you, your employees, invitees, or any third parties, as a result of any views or recommendations expressed herein.
105723 Printed in U.S.A. © 2005 The Hartford, Hartford, CT 06115
Wednesday, November 19, 2008
Product Liability Risk Transfer Techniques: Certificates Of Insurance, Waivers of Subrogation, Hold Harmless Agreements
Loss Control TIPS
Innovative Safety and Health Solutions-
Product Liability Risk Transfer Techniques: Certificates of Insurance, Waivers Of Subrogation, Hold Harmless Agreements
Introduction
In many instances, the liability from failure of a component in a manufacturer's product is far from clear. Questions of liability also arise when a subcontractor installs your product or performs any services on your behalf, or when a contractor's employee is injured in your workplace. One way to avoid such confusion and your assuming unintended liability is to employ a strategy where your suppliers, contractors, and subcontractors agree to assume the risk or indemnify you.
Adequate insurance of the other party, verified by Certificates of Insurance, along with Waivers of Subrogation and Hold Harmless Agreements are important assurances. These guidelines are meant to assist you in applying each of these risk transfer techniques- These guidelines are not however, an appropriate substitute for adequate insurance or loss prevention on your part.
Certificates of Insurance
To minimize liability arising out of the work of contractors or subcontractors or a suppliers component part, begin by ensuring that the other-party carries General Liability, Product Liability, and Workers’ Compensation insurance. A Certificate of Insurance is a document attesting to the existence and limits of coverage on the other party. Issued to you by the other party's insurer, Certificates of Insurance also allow you to receive notification of lapse of coverage. Check to be sure that:
- The Policy is in force and issued by a reputable domestic insurer
- The policy covers Comprehensive General Liability; Product Liability, and Workers' Compensation
- The policy limits are equal to or greater than your own
- You are named as the Certificate holder
Waivers of Subrogation
Even if each of your vendors, contractors, or subcontractors is insured adequately, their insurers have a right to seek subrogation (i.e., to recover some or all of their costs) from you if they believe you were at fault or that you caused the event that gave rise to the claim. Obviously, this can result in significant legal actions and blaming between parties.
To avoid such actions, you would need to have a waiver of subrogation from the other party's insurer prior to any loss. The waiver of subrogation is an endorsement to the insurance policy issued to the other party. Remember these important points about waivers of subrogation:
• A waiver should be general and encompass all hazards, locations and operations for which the other party is responsible in their work for you
• A waiver should not contain limitations as to the specific entities, locations, or work; it should cover all operations conducted by the other party for you
• A waiver should not contain clauses requiring the consent of the named insured (the other party) for the waiver to be applicable
• A waiver is necessary even if no specific clause in the policy of the other party expressly permits subrogation.
Hold Harmless Agreements
To maximize your protection, you may wish to seek a Hold Harmless Agreement from your vendor, contractor, or subcontractor. This agreement is a legally binding contract by which the other party agrees to hold you harmless for any liability arising out of their work, including liability for claims that would not be covered by insurance (e.g., costs of recall). Note in particular that these agreements even cover situations where you are solely negligent. Remember these important points about hold harmless agreements:
• Hold harmless agreements must be in writing and must clearly state the indemnifying party's (the other party's) responsibility to indemnify you against liability or loss or damage.
• If a corporation signs the agreement, the authority of the person signing should be apparent (e.g., vice-president). Most corporate bylaws permit a vice-president to contractually bind the corporation. The same may not be true for corporate secretaries, treasurers, managers, etc.
• The preferred form of Indemnity Agreement is one that indemnifies against liability, since it does not require that actual damages be shown before the agreement operates. For this reason, Indemnity agreements that indemnify against "liability" are preferred and should go so far as to require the indemnitor to "defend against suits/actions" and should also include legal fees and costs incurred by the indemnitee (you) in their own defense of the claim or suit.
• The agreement should not have a term or be cancelable without sufficient notice.
• There should be no limitations on the amount of time in which to make a claim.
• There should be no limitations on the amount of the indemnitor's liability.
• The agreement should state specifically that the indemnification is provided for your own negligence.
© 2002 The Hartford Loss Control Department
Innovative Safety and Health Solutions-
Product Liability Risk Transfer Techniques: Certificates of Insurance, Waivers Of Subrogation, Hold Harmless Agreements
Introduction
In many instances, the liability from failure of a component in a manufacturer's product is far from clear. Questions of liability also arise when a subcontractor installs your product or performs any services on your behalf, or when a contractor's employee is injured in your workplace. One way to avoid such confusion and your assuming unintended liability is to employ a strategy where your suppliers, contractors, and subcontractors agree to assume the risk or indemnify you.
Adequate insurance of the other party, verified by Certificates of Insurance, along with Waivers of Subrogation and Hold Harmless Agreements are important assurances. These guidelines are meant to assist you in applying each of these risk transfer techniques- These guidelines are not however, an appropriate substitute for adequate insurance or loss prevention on your part.
Certificates of Insurance
To minimize liability arising out of the work of contractors or subcontractors or a suppliers component part, begin by ensuring that the other-party carries General Liability, Product Liability, and Workers’ Compensation insurance. A Certificate of Insurance is a document attesting to the existence and limits of coverage on the other party. Issued to you by the other party's insurer, Certificates of Insurance also allow you to receive notification of lapse of coverage. Check to be sure that:
- The Policy is in force and issued by a reputable domestic insurer
- The policy covers Comprehensive General Liability; Product Liability, and Workers' Compensation
- The policy limits are equal to or greater than your own
- You are named as the Certificate holder
Waivers of Subrogation
Even if each of your vendors, contractors, or subcontractors is insured adequately, their insurers have a right to seek subrogation (i.e., to recover some or all of their costs) from you if they believe you were at fault or that you caused the event that gave rise to the claim. Obviously, this can result in significant legal actions and blaming between parties.
To avoid such actions, you would need to have a waiver of subrogation from the other party's insurer prior to any loss. The waiver of subrogation is an endorsement to the insurance policy issued to the other party. Remember these important points about waivers of subrogation:
• A waiver should be general and encompass all hazards, locations and operations for which the other party is responsible in their work for you
• A waiver should not contain limitations as to the specific entities, locations, or work; it should cover all operations conducted by the other party for you
• A waiver should not contain clauses requiring the consent of the named insured (the other party) for the waiver to be applicable
• A waiver is necessary even if no specific clause in the policy of the other party expressly permits subrogation.
Hold Harmless Agreements
To maximize your protection, you may wish to seek a Hold Harmless Agreement from your vendor, contractor, or subcontractor. This agreement is a legally binding contract by which the other party agrees to hold you harmless for any liability arising out of their work, including liability for claims that would not be covered by insurance (e.g., costs of recall). Note in particular that these agreements even cover situations where you are solely negligent. Remember these important points about hold harmless agreements:
• Hold harmless agreements must be in writing and must clearly state the indemnifying party's (the other party's) responsibility to indemnify you against liability or loss or damage.
• If a corporation signs the agreement, the authority of the person signing should be apparent (e.g., vice-president). Most corporate bylaws permit a vice-president to contractually bind the corporation. The same may not be true for corporate secretaries, treasurers, managers, etc.
• The preferred form of Indemnity Agreement is one that indemnifies against liability, since it does not require that actual damages be shown before the agreement operates. For this reason, Indemnity agreements that indemnify against "liability" are preferred and should go so far as to require the indemnitor to "defend against suits/actions" and should also include legal fees and costs incurred by the indemnitee (you) in their own defense of the claim or suit.
• The agreement should not have a term or be cancelable without sufficient notice.
• There should be no limitations on the amount of time in which to make a claim.
• There should be no limitations on the amount of the indemnitor's liability.
• The agreement should state specifically that the indemnification is provided for your own negligence.
© 2002 The Hartford Loss Control Department
Guide For Determing Preventability of Motor Vehicle Accidents
DEFENSIVE DRIVING
The Safe Driver Award Plan is designed to recognize expert safe driving performance, not just average performance. The Award is based on the concept of defensive driving - the ability to avoid accidents in spite of the wrong actions of the other driver and in spite of adverse driving conditions.
PREVENTABLE ACCIDENTS
A "Preventable Accident" is one in which the driver failed to exercise every reasonable precaution to prevent the accident. This is irrespective of whether or not there is property damage or personal injury, the extent of the loss or injury, to whom it occurred and the location of the accident.
In order for a person to avoid being involved in a preventable accident, each driver must understand and practice the concept of defensive driving. "Defensive driving" is driving so as to prevent accidents in spite of the incorrect actions of others and adverse driving conditions; such as light, weather, road, traffic, vehicle condition and your physical and mental state.
In interpreting this, the Council lists the following preventable accidents:
1. INTERSECTIONS
It is the responsibility of all drivers to approach, enter and cross intersections prepared to avoid accidents that might occur through the actions of other drivers. Complex traffic movement, blind intersections, or failure of the "other driver" to conform to law or traffic control devices will not automatically discharge an accident as not "preventable." Intersection accidents are preventable even though the driver has not violated traffic regulations. Failure to take precautionary measures prior to entering the intersection are factors to be studied In making a decision. When a driver crosses an intersection and the obvious actions of the "other driver" indicates possible Involvement either by reason of excessive speed, crossing the lane in turning, or coming from behind a blind spot, the decision based on such entrapment should be PREVENTABLE.
2. VEHICLE AHEAD
Regardless of the abrupt or unexpected stop of the vehicle ahead, a driver can prevent rear-end collisions by maintaining a safe following distance at all times. This includes being prepared for possible obstructions on the highway, either in plain view or hidden by the crest of a hill or the curve of a roadway. Overdriving headlights at night is a common cause of rear-end collisions. Night speed should not be greater than that which will permit the vehicle to come to a stop within the forward distance illuminated by the vehicle's headlights.
3. VEHICLE BEHIND
Investigation often discloses that drivers risk being struck from behind by failing to maintain a margin of safety in their own following distance. Collisions involving the rear of the vehicle, which are preceded by a roll-back, an abrupt stop at a grade crossing, when a traffic signal changes, or when the driver fails to signal a turn at an intersection, should be charged PREVENTABLE. Accidents resulting from the failure to signal intentions or to slow down gradually should be considered preventable.
4. PASSING
Failure to pass safely indicates faulty judgment and the possible failure to consider one or more of the important factors a driver must observe before attempting a maneuver. Unusual actions of the driver being passed or of oncoming traffic might appear to exonerate a driver involved in a passing accident; however, the entire passing maneuver is voluntary and the driver's responsibility.
5. BEING PASSED
Sideswipes and cut-offs involving a driver being passed are PREVENTABLE when the driver fails to yield to the passing vehicle by slowing down or moving to the right where possible.
6. ONCOMING
It is extremely important to check the action of a driver involved In a head-on or sideswipe accident with a vehicle approaching from the opposite direction. Exact location of vehicles prior to and at the point of impact, must be carefully verified. Even though an opposing vehicle enters a driver's traffic lane, It may be possible for the driver to avoid the collision by slowing down, stopping or moving to the right. Failing to signal the opposing driver by flashing the headlights or sounding the horn should also be taken into account.
7. FIXED OBJECTS
Collisions with fixed objects are PREVENTABLE. They usually involve failure to check or properly judge clearances. New routes, strange delivery points, resurfaced pavements under viaducts, inclined entrances to docks, marquees projecting over a traveled section of road, and similar situations are not, In themselves, valid reasons for excusing a driver from being involved in an accident. A driver must be constantly on the lookout for sllch conditions and make the necessary allowances.
8. PEDESTRIANS
Since a driver of a motor vehicle has the responsibility to yield the right of way to pedestrians, primarily due to their vulnerability to injury when involved in an accident, most pedestrian accidents are PREVENTABLE. An unusual route of a pedestrian at mid-block or from between parked vehicles does not relieve a driver from taking precautions to prevent such accidents. Whether speed limits are posted or the area is placarded with warning signs, speed may be too fast for conditions. School zones, shopping areas, residential streets, and other areas with special pedestrian traffic must be traveled at reduced speeds equal to the particular situation. Bicycles, motor scooters, and similar equipment are often ridden by young and inexperienced operators. The driver who fails to reduce speed and increase side space cushions when approaching this type of equipment has failed to take the necessary precautions to prevent an accident. When unusual conditions call for a voluntary reduction of speed, merely keeping within posted speed limits is not taking the proper precaution.
9. PRIVATE PROPERTY
When a driver is expected to make deliveries at unusual locations, construction sites, etc., or on driveways not built to support the weight of the vehicle being driven, it Is the driver's responsibility to discuss the operation with the proper authorities and to obtain permission prior to entering the area
10. PASSENGER ACCIDENTS
Passenger accidents in any type of vehicle are PREVENTABLE when they are caused by faulty operation of the vehicle. Even though the incident did not involve a collision of the vehicle, it must be considered PREVENTABLE when a driver stops, turns, or accelerates abruptly. Emergency action by a driver to avoid a collision that results in passenger injury should be checked to determine n proper driving prior to the emergency would have eliminated the need for the evasive maneuver.
11. NON•COWSION
Many accidents, such as overturning, jack-knifing, or running off the road, may result from emergency action by the driver to avoid being involved in a collision. Examination of events prior to the incident may reveal speed too fast for conditions or other factors. The driver's actions prior to Involvement should be examined for possible errors or lack of defensive driving practice.
12. MISCELLANEOUS
Projecting loads, loose objects falling from the vehicle, loose tarpaulins or chains, doors swinging open, etc., resulting in damage to the vehicle, cargo, or other property or injury to persons, are PREVENTABLE when the driver's action or failure to secure them are evidenced, Cargo damage, resulting from unsafe vehicle operation, is PREVENTABLE by drivers.
13. PARKING
Unconventional parking locations including double parking, failure to put out warning devices, etc generally constitute evidence for judging an accident PREVENTABLE. Roll•away accidents from 8 parked position normally should be classified PREVENTABLE. This Includes unauthorized entry Into an unlocked, unattended vehicle, or failure to properly block wheels or to turn wheels toward the curb to prevent vehicle movement.
14. BACKING
Practically all backing accidents are PREVENTABLE. A driver is not relieved of responsibility to back safely when a guide is involved in the maneuver. A guide cannot control the movement of the vehicle; therefore, a driver must verify all clearances.
CONCLUSION
It is impossible to describe in detail the many ways a driver might prevent an accident without being primarily or legally responsible. The paragraphs of this guide merely emphasize the most frequent occurrences based on past decisions of the Accident Review Committee.
The following definition of Defensive Driving should be applied to all accidents involving your drivers.
DEFENSIVE DRIVERS make no driving errors themselves and allow for lack of skll or improper driving practices of other drivers. DEFENSIVE DRIVERS adjust their own driving to compensate for unusual weather, road, and traffic conditions and recognize the need for caution in situations conducive to accident involvement. By being alert to accident producing situations, a DEFENSIVE DRIVER recognizes the need for preventive action in advance and takes the necessary precautions to avoid being involved in an accident. A DEFENSIVE DRIVER knows when it is necessary to slow down, stop, or yield the right-of-way to avoid involvement.
•THE HARTFORD•
The Safe Driver Award Plan is designed to recognize expert safe driving performance, not just average performance. The Award is based on the concept of defensive driving - the ability to avoid accidents in spite of the wrong actions of the other driver and in spite of adverse driving conditions.
PREVENTABLE ACCIDENTS
A "Preventable Accident" is one in which the driver failed to exercise every reasonable precaution to prevent the accident. This is irrespective of whether or not there is property damage or personal injury, the extent of the loss or injury, to whom it occurred and the location of the accident.
In order for a person to avoid being involved in a preventable accident, each driver must understand and practice the concept of defensive driving. "Defensive driving" is driving so as to prevent accidents in spite of the incorrect actions of others and adverse driving conditions; such as light, weather, road, traffic, vehicle condition and your physical and mental state.
In interpreting this, the Council lists the following preventable accidents:
1. INTERSECTIONS
It is the responsibility of all drivers to approach, enter and cross intersections prepared to avoid accidents that might occur through the actions of other drivers. Complex traffic movement, blind intersections, or failure of the "other driver" to conform to law or traffic control devices will not automatically discharge an accident as not "preventable." Intersection accidents are preventable even though the driver has not violated traffic regulations. Failure to take precautionary measures prior to entering the intersection are factors to be studied In making a decision. When a driver crosses an intersection and the obvious actions of the "other driver" indicates possible Involvement either by reason of excessive speed, crossing the lane in turning, or coming from behind a blind spot, the decision based on such entrapment should be PREVENTABLE.
2. VEHICLE AHEAD
Regardless of the abrupt or unexpected stop of the vehicle ahead, a driver can prevent rear-end collisions by maintaining a safe following distance at all times. This includes being prepared for possible obstructions on the highway, either in plain view or hidden by the crest of a hill or the curve of a roadway. Overdriving headlights at night is a common cause of rear-end collisions. Night speed should not be greater than that which will permit the vehicle to come to a stop within the forward distance illuminated by the vehicle's headlights.
3. VEHICLE BEHIND
Investigation often discloses that drivers risk being struck from behind by failing to maintain a margin of safety in their own following distance. Collisions involving the rear of the vehicle, which are preceded by a roll-back, an abrupt stop at a grade crossing, when a traffic signal changes, or when the driver fails to signal a turn at an intersection, should be charged PREVENTABLE. Accidents resulting from the failure to signal intentions or to slow down gradually should be considered preventable.
4. PASSING
Failure to pass safely indicates faulty judgment and the possible failure to consider one or more of the important factors a driver must observe before attempting a maneuver. Unusual actions of the driver being passed or of oncoming traffic might appear to exonerate a driver involved in a passing accident; however, the entire passing maneuver is voluntary and the driver's responsibility.
5. BEING PASSED
Sideswipes and cut-offs involving a driver being passed are PREVENTABLE when the driver fails to yield to the passing vehicle by slowing down or moving to the right where possible.
6. ONCOMING
It is extremely important to check the action of a driver involved In a head-on or sideswipe accident with a vehicle approaching from the opposite direction. Exact location of vehicles prior to and at the point of impact, must be carefully verified. Even though an opposing vehicle enters a driver's traffic lane, It may be possible for the driver to avoid the collision by slowing down, stopping or moving to the right. Failing to signal the opposing driver by flashing the headlights or sounding the horn should also be taken into account.
7. FIXED OBJECTS
Collisions with fixed objects are PREVENTABLE. They usually involve failure to check or properly judge clearances. New routes, strange delivery points, resurfaced pavements under viaducts, inclined entrances to docks, marquees projecting over a traveled section of road, and similar situations are not, In themselves, valid reasons for excusing a driver from being involved in an accident. A driver must be constantly on the lookout for sllch conditions and make the necessary allowances.
8. PEDESTRIANS
Since a driver of a motor vehicle has the responsibility to yield the right of way to pedestrians, primarily due to their vulnerability to injury when involved in an accident, most pedestrian accidents are PREVENTABLE. An unusual route of a pedestrian at mid-block or from between parked vehicles does not relieve a driver from taking precautions to prevent such accidents. Whether speed limits are posted or the area is placarded with warning signs, speed may be too fast for conditions. School zones, shopping areas, residential streets, and other areas with special pedestrian traffic must be traveled at reduced speeds equal to the particular situation. Bicycles, motor scooters, and similar equipment are often ridden by young and inexperienced operators. The driver who fails to reduce speed and increase side space cushions when approaching this type of equipment has failed to take the necessary precautions to prevent an accident. When unusual conditions call for a voluntary reduction of speed, merely keeping within posted speed limits is not taking the proper precaution.
9. PRIVATE PROPERTY
When a driver is expected to make deliveries at unusual locations, construction sites, etc., or on driveways not built to support the weight of the vehicle being driven, it Is the driver's responsibility to discuss the operation with the proper authorities and to obtain permission prior to entering the area
10. PASSENGER ACCIDENTS
Passenger accidents in any type of vehicle are PREVENTABLE when they are caused by faulty operation of the vehicle. Even though the incident did not involve a collision of the vehicle, it must be considered PREVENTABLE when a driver stops, turns, or accelerates abruptly. Emergency action by a driver to avoid a collision that results in passenger injury should be checked to determine n proper driving prior to the emergency would have eliminated the need for the evasive maneuver.
11. NON•COWSION
Many accidents, such as overturning, jack-knifing, or running off the road, may result from emergency action by the driver to avoid being involved in a collision. Examination of events prior to the incident may reveal speed too fast for conditions or other factors. The driver's actions prior to Involvement should be examined for possible errors or lack of defensive driving practice.
12. MISCELLANEOUS
Projecting loads, loose objects falling from the vehicle, loose tarpaulins or chains, doors swinging open, etc., resulting in damage to the vehicle, cargo, or other property or injury to persons, are PREVENTABLE when the driver's action or failure to secure them are evidenced, Cargo damage, resulting from unsafe vehicle operation, is PREVENTABLE by drivers.
13. PARKING
Unconventional parking locations including double parking, failure to put out warning devices, etc generally constitute evidence for judging an accident PREVENTABLE. Roll•away accidents from 8 parked position normally should be classified PREVENTABLE. This Includes unauthorized entry Into an unlocked, unattended vehicle, or failure to properly block wheels or to turn wheels toward the curb to prevent vehicle movement.
14. BACKING
Practically all backing accidents are PREVENTABLE. A driver is not relieved of responsibility to back safely when a guide is involved in the maneuver. A guide cannot control the movement of the vehicle; therefore, a driver must verify all clearances.
CONCLUSION
It is impossible to describe in detail the many ways a driver might prevent an accident without being primarily or legally responsible. The paragraphs of this guide merely emphasize the most frequent occurrences based on past decisions of the Accident Review Committee.
The following definition of Defensive Driving should be applied to all accidents involving your drivers.
DEFENSIVE DRIVERS make no driving errors themselves and allow for lack of skll or improper driving practices of other drivers. DEFENSIVE DRIVERS adjust their own driving to compensate for unusual weather, road, and traffic conditions and recognize the need for caution in situations conducive to accident involvement. By being alert to accident producing situations, a DEFENSIVE DRIVER recognizes the need for preventive action in advance and takes the necessary precautions to avoid being involved in an accident. A DEFENSIVE DRIVER knows when it is necessary to slow down, stop, or yield the right-of-way to avoid involvement.
•THE HARTFORD•
Tuesday, November 18, 2008
Installing, teardown, maintenance and storage of tents:
Tents 2008: a primer on maintenance
Before:
Check local codes and permit requirements.
Check ground and soil conditions call before you dig.
Determine anchoring needs for the tent(s).
Check flame certificates and engineering, both for the tent and accessories attached to the tent.
Check accessibility to site.
Determine install and strike timelines.
Look for physical obstructions, such as aerial wires, trees or rocks.
Get clearance on underground electrical and plumbing (see story on page T25).
Get permits for the location.
Check the weather report for/on the day of installation.
Load all tents, accessories, equipment and materials needed.
Check parts of the tent including: webbing, stitching, seams, buckles, snaps, ratchets, winches, frame fittings, tent jacks, pole fittings, frames and joints for any wear, cracks or cosmetic damage.
Installation:
Keep an eye on the weather.
Keep tents at least 10 ft. from all power lines.
Keep vinyl dry.
Use clean and dry cotton dropcloths.
Check tent fabric for pinholes or damage.
Check framing and poles for fractures, cracks or bends.
Check anchor points.
Check and tighten all nuts, washers and bolts.
Assure that fabric tensioning is firm.
Check pole pins and secure.
After:
Keep an eye on the weather.
Check tent fabric for holes, rips or tears.
Check framing for damage.
Check tie-downs for wear.
Check for moisture.
Examine the tent for dirt or stains.
Inventory damage to repair.
Examine property condition.
Check for tent stakes left in ground.
Look for screws from flooring.
Make sure electrical wires are picked up.
Do an inventory count.
Storage:
Make sure the tent is clean and dry.
Patch rips, cuts and tears.
Repair any damage to framing.
Wipe down hardware.
Neatly roll or fold vinyl.
Seal tent in a bag, barrel or racking system to keep out dirt and dust.
Maintain tent storage temperature.
Training topics:
Product information and manufacturer instructions.
Local and international codes and requirements.
Flame certificates, engineering and permits.
Emergency exits.
Safety precautions.
Lacing.
Knots.
Ratcheting.
Staking.
Folding.
Frame assembly.
Inspection of tent fabric and parts.
Stake pullers and stake drivers.
Dismantling.
Loading and unloading trucks.
Doing inventory.
Communicating with customers.
Documentation of events.
Seasonal practices:
Inventory all products.
Check inventory against use.
Grade inventory for event use.
Determine inventory needs for next season.
Inspect and grade fabric condition.
Repair all fabric.
Clean all aluminum poles.
Repaint poles.
Check structural elements for cracks, bends or damage.
Repair any structural damage.
Before:
Check local codes and permit requirements.
Check ground and soil conditions call before you dig.
Determine anchoring needs for the tent(s).
Check flame certificates and engineering, both for the tent and accessories attached to the tent.
Check accessibility to site.
Determine install and strike timelines.
Look for physical obstructions, such as aerial wires, trees or rocks.
Get clearance on underground electrical and plumbing (see story on page T25).
Get permits for the location.
Check the weather report for/on the day of installation.
Load all tents, accessories, equipment and materials needed.
Check parts of the tent including: webbing, stitching, seams, buckles, snaps, ratchets, winches, frame fittings, tent jacks, pole fittings, frames and joints for any wear, cracks or cosmetic damage.
Installation:
Keep an eye on the weather.
Keep tents at least 10 ft. from all power lines.
Keep vinyl dry.
Use clean and dry cotton dropcloths.
Check tent fabric for pinholes or damage.
Check framing and poles for fractures, cracks or bends.
Check anchor points.
Check and tighten all nuts, washers and bolts.
Assure that fabric tensioning is firm.
Check pole pins and secure.
After:
Keep an eye on the weather.
Check tent fabric for holes, rips or tears.
Check framing for damage.
Check tie-downs for wear.
Check for moisture.
Examine the tent for dirt or stains.
Inventory damage to repair.
Examine property condition.
Check for tent stakes left in ground.
Look for screws from flooring.
Make sure electrical wires are picked up.
Do an inventory count.
Storage:
Make sure the tent is clean and dry.
Patch rips, cuts and tears.
Repair any damage to framing.
Wipe down hardware.
Neatly roll or fold vinyl.
Seal tent in a bag, barrel or racking system to keep out dirt and dust.
Maintain tent storage temperature.
Training topics:
Product information and manufacturer instructions.
Local and international codes and requirements.
Flame certificates, engineering and permits.
Emergency exits.
Safety precautions.
Lacing.
Knots.
Ratcheting.
Staking.
Folding.
Frame assembly.
Inspection of tent fabric and parts.
Stake pullers and stake drivers.
Dismantling.
Loading and unloading trucks.
Doing inventory.
Communicating with customers.
Documentation of events.
Seasonal practices:
Inventory all products.
Check inventory against use.
Grade inventory for event use.
Determine inventory needs for next season.
Inspect and grade fabric condition.
Repair all fabric.
Clean all aluminum poles.
Repaint poles.
Check structural elements for cracks, bends or damage.
Repair any structural damage.
Always call 811 before starting any digging project!
One easy phone call to 811 starts the process to get your underground utility lines marked for free. When you call 811 from anywhere in the country, your call will be routed to your local One Call Center. Local One Call Center operators will ask you for the location of your digging job and route your call to affected utility companies. Your utility companies will then send a professional locator to your location to mark your lines within a few days. Once your underground lines have been marked, you will know the approximate location of your utility lines and can dig safely, because knowing what's below protects you and your family.
Always call 811 before starting any digging project!
www.call811.com
Always call 811 before starting any digging project!
www.call811.com
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