The victim, an experienced flagger, was controlling traffic at a gated entrance to a large construction site. A truck pulled up to the gate hauling a paving machine on a lowboy trailer that was going to be used for road construction at the site.
The equipment was a day early, however, and the site's staging area was not ready for the delivery, so the driver decided to unload the paver at a curb near the gate. The flagger walked over to the truck because she thought that flagging might be necessary to control vehicles and pedestrian traffic as the paver was unloaded.
When the driver placed a binder bar over the chain binder lever to release the tension on the chains, the bar flew off the lever and struck the flagger, who was standing 15 feet away, in her forehead. She suffered a severe concussion with lingering effects that included disorientation and sensitivity to noise and light.
437-001-0760(1)(a): "The employer must see that workers are properly instructed and supervised in the safe operation of any machinery, tools, equipment, process, or practice that they are authorized to use or apply." Employees were not properly trained and supervised in the process of securing and releasing heavy equipment to lowboys.
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