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Defending the Value of Training 

By Randall C. Resch  

Ya’ can’t go a week without seeing someone poking holes’ in the need for industry training. Forum participants are quick to make aggressive attacks on course content in which towers claim they don’t need formal training because “I learned it on my own” or “I’ve been in business for years and don’t see the need.”  

Other long-time “experienced” towers indicate that “training’s expensive” and “it’s a waste of time.” 

But could the lack of training be detrimental to towers in the unforeseen event something does happen? 

Consider the following... 

A Georgia tow company was sued when a motor club customer was dragged by his vehicle and implanted into a house. The operator had no formal training and the seventeen-year-old company provided only a week of orientation and ride-alongs. The plaintiff’s attorney discovered the operator was undertrained and tow tower’s techniques didn’t meet the industry’s Standard of Care. The case settled out of court for an incredible amount. 

In California, an experienced operator arrived on-scene to transport a damaged SUV. As he worked to secure the vehicle to the carrier, his customer and her friend were standing on the non-traffic side versus being secured inside their awaiting vehicle or the carrier’s cab. A DUI motorist fell asleep and impacted the parked vehicle. The friend was killed. A well-known “industry expert” threw the tow operator under the proverbial bus saying, “The tow operator failed to meet the Standard of Care.”  

Know Your Obligation  

Recognized training is about professionalism, industry education and liability. Training has been a requirement for towers serving high-speed highways in California, Texas and other states for decades.  

If towers haven’t participated in recognized training and are involved in incidents causing injury, death or extensive property damages, such as in the situations just described, they can be held criminally and civilly responsible.  

Regardless of experience in years, towers should welcome the opportunity for training. In today’s litigious society, it’s fact that operator training (or lack thereof) is the first detail that’s attacked in wrongful injury or death lawsuits. You’ll find most juries perceive a lack of training as a disregard for public safety. Juries are sympathetic to injured or killed parties especially when training is easily obtained. 

In every tower’s best defense, a recognized training course adds value to one’s career path. I believe there’s value in formal training if not only for the education it provides, but to lessen the impact of a guilty conviction. This isn’t legal advice, but a simple reminder that being trained is a conscious choice.      

Hot Weather Risks 

Brian J Riker 

With an extreme heat wave covering a large portion of the U.S. this week, now is the time to address environmental exposure and OSHA compliance. As part of your workplace safety program, it is your duty to provide your employees with an environment free from recognized hazards. 

As employers you must make sure your team has appropriate schedules to reduce exposure times to extreme weather (hot or cold), as well as someplace to seek shelter and warm up or cool down as necessary. Proper clothing also plays a huge roll in worker safety. Keep in mind you may be required to provide some clothing at no cost to your employees as part of their personal protective equipment (PPE). 

The first step in providing a safe work environment is to conduct a job hazard analysis (JHA). This can be as simple as a single page document that identifies the potential hazards associated with any given task and lists the required steps to reduce risk while performing this task. A JHA for a towing operator would include atmospheric environmental exposure concerns such as UV (sunlight) exposure, rain, snow, ice, outside air temperature and inhalation hazards such as blowing dust and smoke. It would also include traffic and other exposure concerns; however, those are topics for another article. 

Once you have identified the types of environmental exposure your employees face, your next step is to determine the best ways to reduce or eliminate their exposure while still allowing them to complete their work. This may include requiring gloves, safety footwear and appropriate layers of clothing to act as insulation. Yes, even in the heat of summer extra layers or long sleeve clothing may be the most appropriate means of providing environmental protection. 

During the most extreme temperatures you may also need to schedule extra personnel on-scene to allow for water and cool down breaks. Heat stroke and heat exhaustion are very real possibilities, and you must take precautions to protect yourself. These conditions occur when the body loses the ability to regulate internal temperature and can happen even in relatively mild conditions, with a heat index of just 91⁰F, or lower if you are in new area and not yet adjusted to the climate. 

Heat stroke can occur when the human body reaches an internal temperature of just 104°F, hypothermia occurs when the body’s core temperature drops below 95°F. As you can see, the human body is quite temperature sensitive given that the normal body temperature range is 97-99°F. 

Heat related illnesses range from mild to life threatening and often take workers by surprise, especially early in the summer season while the body is still adjusting to the seasonal change. There are also cardiovascular concerns while working in extreme temperatures, especially when they are a result of an unseasonal weather pattern, and your body has not had time to acclimate to the changing temperatures. Our age, physical condition, activity level and level of acclimation with the hotter environment all play into how an individual may be affected by heat illnesses. 

Heat cramps will begin to develop as your body dehydrates due to sweating. As it loses salts and water your muscles will begin to cramp. This can be an early indicator that you need to take a break and rehydrate. 

Heat exhaustion is more serious and occurs when your body no longer can regulate its internal temperature thru sweating. When signs of heat exhaustion first appear, you must seek a cool area to rest and recover. Some symptoms to look for include high body temperature, increased heart rate, nausea or vomiting, headaches, muscle cramps, dizziness, weakness or fatigue and pale skin. 

Heat stroke is the most severe of heat related illnesses and left untreated can result in death. During heat stroke your body temperature begins to climb to dangerous levels, you often stop sweating and your body loses all ability to deal with overheating. Symptoms include confusion, agitation, hallucinations, altered mental state, inability to sweat, dry red skin, dizziness or fainting, very high body temperature (excess of 104F), slurred speech or seizures.  

Immediate treatment should begin if any of the above symptoms appear. A cool down area is a job requirement as is a sufficient supply of water to keep the crew hydrated. Should signs of heat exhaustion or heat stroke be shown, move that person to a cool area, give them water to drink and for heat stroke ice applied to the neck can help lower their core temperature. Always seek competent medical help. 

Prevention is a simple as taking frequent breaks from strenuous activities in the heat, drinking plenty of water and monitoring yourself for the first signs of a heat related illness. 

What all this means to you as an employer is simple. Employee health is a paramount concern and your company’s policies, training and daily expectations must reflect that. 

Move-Over Laws LACK Public Education 

By Randall C. Resch  

One of my relatives headed to Vegas and was a few miles outside Primm. As she approached a Nevada state patrol unit writing a citation on the highway’s shoulder, she noticed her odometer surpassed 90-mph.  

As luck would have it, the officer saw her coming and visually estimated her speed … Got’cha! Having that sinking “Oh crap I’ve been caught” feeling, she immediately dropped the Cherokee’s speed to seventy. 

Seconds later, the patrol car swooped from behind and lit her up. To the shoulder she slowed and awaited the officer’s approach with ticket book in-hand. She greeted the officer with a cowering smile as he asked for license and registration.  

In most states, citations written “ten-miles over” are generally quite expensive so she readied herself for the worst when the officer said, “I stopped you because you didn’t move-over before you passed me.”  

“What, not for speeding?” she thought. The officer provided a not-so-friendly warning scolding her about Nevada’s move-over law.  

I Didn’t Know 

The successes from move-over laws are only as good as public education and supporting enforcement. Where state and municipal budget's view traffic enforcement as “a lesser necessity,” you’ll find the annual percentage of citations issued per individual (SDMO) are hardly notable.  

It’s fact that highway patrol officers rarely enforce move-over violations. To the detriment to responder and tow operator safety, SDMO laws continue to be ignored.  

In my mother-in-law’s defense, and not that she’s clueless all the time, she told me she honestly didn’t know the move-over law existed. I believe that to be true. As in the case with millions of motorists, most still aren’t aware of SDMO laws nor are they aware of the dangers that befall roadside workers.  

In the weeks since narrowly dodging that expensive ticket, she found a new awareness that SDMO laws represent. But, as far as I see it, for every driver who abides by the law, thousands more ignore it. I can’t imagine escaping the vulnerability of working the highway. Herein I make my case for increased public awareness.  

Give Us a Sign 

Although California’s move-over law is better than 15-years old, you might see a once in-awhile “Amber Alert” sign displaying move-over snippets as a reminder to clueless motorists. But, the sign’s wording rarely mentions “tow operators” in its presentation. To that point, there’s only a small paragraph regarding SDMO important to worker safety included in new driver pamphlet. 

So, what’s the chance that public awareness will ever increase based on budget and aggressive enforcement? In all reality, the concept of “Duck and Cover” better serves towers in a manner that SDMO laws don’t!  

Remember, cars don’t kill people, people kill people! So, the next time you’re forced to dodge some 4,000-pound bullet headed your direction, you’ll get the jest of what “Survival of the fittest” means. The bigger picture suggests, always practice white-line safety every time you go boots to the ground. Every vehicle that approaches you is the enemy with potential of ending your life.  This narrative’s for your safety … not theirs.