Clearing Chaos in Fort Worth

Is It A Crane Or A Tow Truck?

By Brian J. Riker



Since rotators were first introduced to the towing industry, there has been an ongoing debate about what they are and what you can do with them. Better awareness of Occupational Safety and Health Administration compliance and operator certification in the towing industry has come just in time as OSHA has the towing industry in its sights.



A rotator is not a crane; never has been and never will be. They are not built to comply with the strict standards set forth by OSHA. If they were, their lifting capacity would be reduced so much that they would be all but useless as a recovery vehicle. When used in response to a wrecked or disabled motor vehicle, tow trucks and rotators are exempted from the regulations and operator certification requirements of cranes.



That said, many towers still use rotators on construction sites as a substitute for a traditional crane. This is attractive to the construction company since rotators can usually operate in more confined spaces and usually come at a much lower price point than a traditional crane with the same lift capacity. The usage of rotators as cranes has drawn the attention of the crane industry as well as OSHA.



On Nov. 8, 2018, with an enforcement date of Feb. 7, 2019, OSHA published a final rule regarding updated crane operator standards. This revised standard continues to require the use of trained crane operators, as well as adding a requirement that employers evaluate their competency.



Just like having a drivers license may not mean you are skilled enough to operate all vehicles, having a crane certification does not mean you actually know what you are doing.



OSHA has issued guidance on enforcing this new standard, calling for compliance assistance education by its inspectors during the first 60 days, but only to employers that have shown good faith efforts to properly and timely evaluate all their crane operators.



"But, you said a rotator is not a crane; so why do I have to comply?"



The short answer is that no one is looking at the design specifications of rotators, yet; but they are looking for operator cards and documentation of employer evaluation. Any time you use any of your tow trucks or rotators to lift anything other than a disabled or wrecked motor vehicle or spillage from an accident, you are performing a crane service lift and the operator must be qualified.



I know it is a Catch-22 situation for many. Towing is a tight margin industry with the average towing company only making a 5 percent to 8 percent annual return on investment. We need to continually look for alternate sources of revenue, especially sources that will pay for perhaps the most expensive piece of equipment in the fleet. Combine this with more and more agencies mandating the availability of rotators to be included on police rotations and I see why crane work appeals to owners.



As a compliance specialist all I can do is inform you of the changing regulations and urge you to comply. For some that will mean obtaining the proper training and performing the required evaluations. Others will stop doing non-automotive lifts with their equipment. That decision is yours alone to make.



A few key notes about crane operator training and certification. If your state requires a specific license this updated standard does not affect that program. Additionally, operators in states without a specific licensing standard are still required to be trained and certified by an accredited organization or qualified employer program. As always, this certification or licensure must be provided to employees at no cost.



Certification or licensure alone is no longer compliant. The employer still must provide an evaluation of the operator's actual skills, including their ability to read and understand the written operating instructions for their specific equipment. This evaluation must be documented and performed by an individual that is competent and experienced in the operation of the specific type of crane being operated.



In addition to training, certification and evaluation of newly hired crane operators, all operators must be reevaluated anytime retraining is deemed necessary, usually after an incident or near miss event.



These evaluations are not portable; they don't follow an experienced operator when they change jobs. In addition, one operator employed by multiple companies cannot be deemed qualified if only one employer has evaluated their skills. The good news is that employers do not have to reevaluate any crane operator that was in their employ on or before Dec. 10, 2018, if they had previously evaluated their skills. All operators hired after this date must be evaluated prior to being permitted to operate any crane unsupervised.



The full requirements can be found in OSHA Standard 1926.1427.



Brian J. Riker is a third generation towman and President of Fleet Compliance Solutions, LLC. He specializes in helping non-traditional fleets such as towing, repossession, and construction companies navigate the complex world of Federal and State transportation regulatory compliance. With 25 years of experience in the ditch as a tow operator Brian truly understands the unique needs and challenges faced by towing companies today. He can be reached at brian.riker@fleetcompliancesolutions.net

Protect Your Company’s Online Reputation

By Randall C. Resch

An attorney contacted me regarding whether or not tow owners should respond to on-line reviews? While I know no written practice requiring owners answer bad reviews, I believe there’s value for tow companies to get in-front of potentially damaging complaints. A disgruntled customer can create long-term damage to your company’s reputation.

Today’s social media is where customers learn about your company when searching for tow services. While some tow owners feel social media is filled with false information, complaints are damaging when viewed by others, especially new customers. Do you monitor what's said about your company? Even if a complaint is true, do you conduct damage control?

Recently, I looked for a contractor to handle a difficult repair at my house. Although many contractors received complimentary remarks, other contractors didn’t as customers cited shoddy work and management failing to return calls. Because no one responded and complaints went unanswered, I shied away from calling those companies. The fact is: once complaints are posted, they don't go away.

Handling complaints is an easy process in which tow owners should be involved. Although responding to complaints takes time, what’s the downside to not responding? It’s imperative to address a customer when you learn they have a problem. At minimum, invite the complainant to initiate a complaint form. There’s no perfect business free of complaints. Handling complaints is a tough part of doing business, but there’s an easy way to approach them in four steps called “LAST.”

Listen – A complaining customer wants you to hear their story. Let them discuss their concerns.

Apologize – Whether right or wrong, say that you understand the nature of their complaint and you’ll look into the matter. Don’t flippantly tell them to pack sand.

Solve – When complaints are justified, offer a settlement or action to satisfy their complaint.

Thank You – Those words are powerful and beneficial in ending disputes. Thank your customer for their cooperation and patience.

Ignoring customers can make life a living-hell when no effort is made to satisfy them. If they take their rage to social media, your reputation takes the hit. To your advantage, you can initate a professional, thoughtful response that counteracts their complaint. Managing media sites is important. It need not be expensive, but requires dedication to an active response. Why not dedicate a senior employee or manager to monitor sites and respond on your company’s behalf?

I believe doing something is far better than doing nothing. A successful or amicable handling of customer complaints results in them writing a more fair review versus that of simply trashing you. Fair or unfair, ignoring customer concerns only can have a negative effect on future business.

Why Community Involvement is Critical

Brian J Riker

I had the honor of participating in the production of a public service announcement video created by the Pennsylvania Traffic Incident Management Enhancement program this past Saturday, March 27. This effort to bring greater awareness to the updated slow down move over law in Pennsylvania is just one example of how towers can be involved in their community.

Service beyond self is a very fulfilling experience. Although community service often leads to increased exposure and more business opportunities, that motivation should never be the underlying focus of your service. Just being a decent member of society should be all the motivation you require and a simple thank you, even left unspoken and simply implied, should be all the reward that you seek. Community service through involvement in important local issues will always have a cascading effect on the quality of life within your town, resulting in many positive returns.

Some areas I have seen affected by community involvement include bettering the lives of team members and their families which in turn can result in a more productive worker. If they no longer need to stress about some issue outside the job, they can then focus on the task at hand which is important not only for productivity but also for safety.

The issues troubling your community may seem small or insurmountable. Either way they will be overcome by the efforts of those with a generous spirit and a genuine love of their neighbors. You don’t need to spend large sums of money, or make huge donations, to have an impact. Often community projects just need volunteers to coordinate or manage the efforts of others that have the money to donate but not the leadership expertise to see the project thru to a successful conclusion.

Time is precious yet we all can find a few hours from time to time (pun intended) to give back to those that helped get us to where we are today. I know without the support and patronage of my community, my towing service would have never succeeded. Without the help of my community when I was a young man with a new family, I would have struggled much harder than I did. For this, I am ever grateful and give back my time when I can, money when I can’t give the time, and support in any way possible when time or money is unavailable.

Volunteering for community service does not need to be limited to something associated with your company, it’s technical skill or even automotive related. For over twenty years I volunteered my time to our local high school drama club as a live audio technician. Not even close to an automotive repair or towing related field but it made an impact on countless young folks as they tried to decide who they were and what they wanted to do when they grew up. Even without any formal promotion or advertising, the community leaders, who were all involved in the arts in my small town, knew who I was and in turn they sent work my way when possible. Now, that is not why I did the volunteer work, it was a passion of mine, but it sure was a pleasant side effect.

Bottom line, towing already has a bad enough reputation from a few bad apples and the public’s general misunderstanding of what it is that we do as an industry so we can use any good press that we can get. Gather up some food for the local pantry, use your crash response equipment to clear away the remains of winter brush, donate some labor to clean up the town park or whatever else you can think of. Do it with love in your heart and maybe a well-placed tow truck or two for when the press comes by for a photo op and you will be surprised with the good fortune that befalls upon you. Even if nothing happens you will still know in your heart that you made a difference for someone in your community.