“Thinking Outside
the Fence”
David Buckman
Director of Risk
Management
CORE Construction
Andy Giza, CHST, CAE
Senior Risk Control
Consultant
Willis North America
Two Distinct Responsibilities

Regarding insurance, General Liability is
divided into 2 main categories:

2
Defect(QA/QC)

Site Security and
Public Safety
The Rodney Dangerfield of
Construction Safety
3
PUBLIC SAFETY
“Damage or Injury” as defined herein
typically involves two distinct categories:
Property Damage
ex. - Damaged Chevrolet Pick-up - $17,500
Bodily Injury
ex. – Trip Over Fence Base - $?????
4
PUBLIC SAFETY

5
PROPERTY DAMAGE
 May include damage to a vehicle, adjacent building,
sidewalks, roadways
 Liability Usually (Not Always) Capped at Value of
Property
Unintended Consequences
6
Unintended Consequences
7
Unintended Consequences
8
Unintended Consequences
9
PUBLlC SAFETY
 Bodily Injury –
 Exposure is unlimited
 Medical Bills
 Lost Wages
 Pain & Suffering
 Expectations Are Greater
 We need to do (or should have done) MORE
 Public granted more leeway/sympathy
A10.34-2001 (R2012)
Industry-accepted practices for the Protection
of the Public on or Adjacent to Construction
Sites
1.1 Scope. This standard provides the recommended elements and
activities on construction projects to provide protection for the
Public.
1.2 Purpose. This standard is intended for use as a guideline to
provide protection for the Public.
ANSI A10.34-2001 (cont.)

NOISE (3.2.1)
– Impact noises
– Audible alarms/warning systems
– Local jurisdictional considerations
– Start/Stop times
ANSI A10.34-2001 (cont.)

DUST, FUMES. SMOKE, VAPORS (3.2.2)
– Operations which produce airborne
contaminants that may present a hazard to
the Public shall be controlled.
– Dust Control/SWPPP’s can be included.
ANSI A10.34-2001 (cont.)

TRAFFIC HAZARDS (3.2.3)
– Also follow MUTCD (D6.1)
– Temporary structures built to withstand
intended loads and prevent shifting
– Emergency vehicle access
– Prompt debris clean-up
ANSI A10.34-2001 (cont.)

PEDESTRIAN HAZARDS (3.2.4)
– Minimize hazards (slip/trip & struck-by)
– Covers constructed to spec.
– Ingress/Egress marked and not blocked
– Sufficient notice
ANSI A10.34-2001 (cont.)

PEDESTRIAN HAZARDS (3.2.4 cont.)
– Job site traffic
– Fencing
PUBLIC SAFETY
Pedestrians & Bicycles
 Vehicles
 Other structures

ANSI A10.34-2001 (cont.)

Other topics include:
– Lighting (3.2.5)
– Radiation (3.2.6)
– Machinery/Vehicles (3.2.7)
– Falling/Windblown Objects (3.2.8)
– Security (3.2.9)
– Pollution (3.2.10)
– Utilities (3.2.11)
PUBLIC SAFETY



Using inadequate warning devices to warn of the
outside lane being closed.
Failure to comply with known work zone safety
standards and to update the traffic plan.
Control plan to suit the conditions of the area.
PUBLIC SAFETY
Wind blown materials…
Loose Material
Good controls in place
Loose Material
PUBLIC SAFETY
Securing loads – even in pickups…
Became a salvage title
PUBLIC SAFETY
Certified traffic control…
Bicyclist attempting to cross behind a
side dump
Damaged signage
PUBLIC SAFETY
What is the hazard?
Lack of adequate canopy
maintenance
Head-on crash
exposure
PUBLIC SAFETY
People or vehicles?
Off-set K-Rail next to bike path
Blocking (partially) pedestrian
traffic & no wind weight
PUBLIC SAFETY
Pedestrian tripping
exposures
PUBLIC SAFETY
Pedestrian laceration
exposure
Damaged panels
Unprotected trenches
PUBLIC SAFETY
Construction accidents involving General Liability
coverage’s is a very real exposure.
 Companies must proactively manage the
construction site and prove consistent compliance
with plans and specifications.
 Make a plan (A10.34 Appendix A).
 Documentation is the key to success.

“If you didn’t document it…it didn’t happen”
“Thinking Outside the Fence!”
EVERY DAY- maybe more than once.
 What about nights, weekends and Holidays?
 Damaged, dirty, displaced or missing TCD's.
 DOCUMENT all your inspections – CRITICAL
 DOCUMENT corrective actions (what and when).
 DOCUMENT push-back from Owner.
 Verify proper completion of forms and record retention.
 Consider photos.

TAKE CREDIT FOR THE GOOD THINGS YOU DO!!
Sample Evaluation Plan
(Yes, you may have a copy…)
Sample - Public Hazard Protection Plan for Project or Contractor - Sample
ANSI A10.34 - 2012
Identify name of project and parties to
construction
Name of Project
Location of Project
Project Constructor
Contractor/Scope this Public Hazard
Protection Plan covers (enter whole job if this
plan is not for one trade or one activity)
Scope of Work this plan covers (enter whole
job if this plan is not for one trade or one
activity)
Plan Prepared by:
Project Constructor review by:
Name/Response
Date Developed or
Updated
Action required - plan to abate hazards,
conflicts noted
The Reality of Construction
Liability

Statute of Limitations –

Varies from state to state and loss type to loss type

Rule of thumb is 2 years from the date of incident
for Bodily Injury claims
WITNESSES

Are critical witnesses and employees available for
interview? Can you locate them? Are subcontractors
who were involved in the project still in business?

How easily will witnesses and employees be able to
recall specific details from the date of the accident,
much less critical issues prior to the date of the
accident?

What documentation do you still have available two
(2) years after an incident that relates to the project
in question?
WITNESSES
WORK ZONE SAFETY
In the end, its how we do our job.
THINKING OUTSIDE THE FENCE
QUESTIONS?
Thank you for your participation.