Inspection Detail

Inspection: 317422020 - Erosion Control Landscape Services Inc

Inspection Information - Office: Department Of Labor, Licensing, And Regulation Division Of Labor And Industry Maryland Occupational Safety And Health

Investigation Summary

At approximately 1:53 to 1:55 p.m. on January 31, 2014, Employee #1, part of a six-worker crew employed by Erosion Control Landscape Services Inc., was working at the 16.5-mile marker on the inner loop of Interstate 695 (Baltimore Beltway), just past a set of exit-entrance ramps. The land along the inner loop of the highway had been cleared by another contractor in preparation for widening the lanes and building a new bridge over a local road. The employer had been hired by the State of Maryland's State Highway Administration to shoot out grass seed over the cleared areas and then cover the grass seed with straw/hay. This was being done for erosion control prior to the start of the actual construction work. The employer had one large truck on site with a Finn B-260 Straw Blower attached to it. The truck with straw blower was on the extreme right side of the shoulder next to the guardrail. There was enough room for the workers to open the passenger door of the truck so they could get in and out when needed. The crew members had finished their work for the day and were in the process of getting all of their materials and equipment together, because they were supposed to be off of the shoulder by approximately 2:00 p.m. at the latest. This is a requirement for all construction vehicles on the Beltway on Fridays. Numerous orange warning cones had been put in place, closing the shoulder for at least .5 mile in advance of the work area. A number of large work signs had been erected to indicate that work was taking place ahead. It was a clear, sunny day and not particularly cold for the end of January. A private citizen driving a small white 2001 Ford pickup truck with a snowplow blade attached to the front was driving in the slow lane next to the shoulder. For unknown reason the pickup truck drifted to the right, out of the slow lane and onto the shoulder, where it ran over two or three of the warning cones. It then clipped the rear left end of the straw-blowing machine and caused the rear tire to flatten. Employee #1, who was wearing a bright day-glow greenish yellow safety vest, was standing and working behind the employer's large truck and in front of the straw blowing machine. The straw blower was not in operation. The pickup truck struck the employee with enough force that it threw him into the side of the large truck and then approximately 26 feet 6 inches forward and out into the slow lane of the Beltway, where he landed. According to the subsequent investigation, Employee #1, when he landed in the highway, probably already was dead from the massive injuries he suffered. No other vehicles struck him. The pickup truck then sideswiped the employer's large truck on the driver's side. The pickup truck traveled a short distance down the highway before the driver pulled over and stopped on the shoulder. This fatal event was investigated by Maryland OSHA. Its subsequent investigative report contained a statement from the Area Engineer for State Highways that the employer had set up properly, and there were no issues with the set-up, the workers, or the work being done. A statement from the Maryland State Trooper in charge of the police investigation indicated that this was a traffic work zone accident caused by the driver of the white Ford pickup truck. The Medical Examiner's report indicated that this was a traffic accident caused by the driver of the white pickup truck. All findings indicated that the employer's vehicle and blower attachment had been set up correctly with warning cones and signs in place. Therefore, no citations were to be issued to the employer.

Keywords: HIGHWAY, PPE, CONSTRUCTION, INDUSTRIAL TRUCK, STRUCK BY, PICKUP TRUCK, HIGHWAY SHOULDER, MOTOR VEHICLE, WARNING SIGN