Public Safety – Protecting the Public (Part I)

This blog post is about public safety or protecting the public.  Most contractors know that some of their biggest liability losses come from someone in the public being hurt.  It’s easy to blame contractors.  They have big pockets and they’re protected by the insurance companies.  But it isn’t always just the contractors fault.  Sometimes the public shares part of the blame.

Construction sites are dangerous places for an unwary public. (Source OSHA 2010)

I remember a friend telling me about his jury duty.  It was a civil case that involved a person who was hurt after they walked through a jobsite.  As I listened to my friend tell me about the case and about their verdict, I got madder and madder.  The jury found in favor of the plaintiff and awarded a substantial sum of money.  But, the plaintiff knew that they had entered a closed construction site; then had walked past barrels, caution tape and a sign directing pedestrians to the other side of the street; and admitted that they were kind off aware that they shouldn’t have been in the area.  The jury as they deliberated determined that the person had gotten hurt and therefore was entitled to some sort of compensation.  Since the defendant was a large public utility, the jury decided that the utility could pay the award.  I was flabbergasted that a jury of my peers could be so reckless with somebody else’s money.  The risk management team at that utility must have been upset.

Construction netting is not a suitable barrier to the public. (c) 2009 John Burke

We all have heard stories similar to this and since we’re all at a similar reference point, I get to the point of this blog post.  When we do work in the public, we have to protect the public from themselves.

Let me repeat that “We have to protect the public from themselves.”  As risk managers we have to remember to insist on this.  This is NOT an unnecessary cost.  It is a cost savings measure, but only if done correctly.

The public is NOT stupid but most of us are creatures of habit.  Each day, we get up at the same time.  We go to the same coffee shop or deli and get the same breakfast.  And we travel to work the same way each day.  When something changes to break up that routine we get upset.  It doesn’t matter what caused the change.  Whether it was an accident, a political hack (elected official) making an appearance, or the start of a new construction project, we still get pissed off.  It takes us longer to get to work or school or we have to get up earlier.  Now our daily routine is changed and we don’t like it.

Traffic cones will not stop the public from entering any area. (c) 2010 John Burke

Consider a public works project to fix the infrastructure at a train station that suddenly closes off one of the entrances to the train platforms.  Usually, the train authority will post signs notifying the public of the start date.  Most of us will read the signs and forget them until the day the project starts.  Then we run into cones, barrels and or caution tape telling us our entrance is closed.  We will get annoyed because our routine was disrupted and we may have missed our train.  Some pedestrians will test the change. Traffic cones will not stop them from using the entrance, the same thing with barrels.  Caution tape is not a challenge either, if it is low enough they will step over it; if it is loose enough, they will lift it and go under; if it is tight, they will break it and walk through.  This is why I call caution tape “pedestrian finish line.” 

To protect the public Risk Managers/Safety Managers need to make sure that the work site has:

1. Substantial barrier
2. Warning Signs
3. Proper lighting
4. Dust control
5. Secured openings/gates

To prevent the public from entering your work area you have to build a substantial barrier to prevent them from bypassing it. Chain link fences, tight board fences, type 3 barricades and jersey barriers with a chain link fence are all substantial barriers.  A substantial barrier must be carefully anchored or someone will claim that the barrier hit them and they have gotten hurt.  The barrier needs warning signsto tell the public to keep out and announce what the project is and how long it should take(usually this is required).  I know it sounds stupid but lawyers can convince juries that since there wasn’t a warning sign, there was no need to keep out.

The barrier needs to be properly constructed so the public is not injured during construction.  This may involve temporary barriers, flaggers or both.  The barriers must not have any protrusions that a pedestrian or dog can get caught on.  If the barrier prevents existing lighting from getting to the walking surface, then the lighting must be supplemented with temporary lighting.

If you are using a chain link fence and there is dust that can be generated, then you should think about dust control mesh on the fence.

All openings need to be secured or guarded.  An opening is an invitation for the public to enter.  Keep it open and they will enter, if only out of curiosity. 

This is the first post that will deal with protecting the public and public safety.

© 2011 John Burke