Large trucks (semi-trucks, big rigs, tractor-trailers) never stop moving freight here in our Crossroads of America. At any hour, truck drivers are stopping either to load cargo or to drop off shipments in any number of places, from local warehouses or retail stores, to marine terminals (wharves, piers), manufacturing plants, steel mills, agricultural grain facilities, and some airports.
In all these off-highway operations, the Occupational Safety and Health Administration (“OSHA”) provides federal safety regulations designed to protect workers from serious injury or death in cargo loading and unloading accidents. For more, read:
- Inspection of Suspension-Type Highway Trailers Prior to Loading and Unloading with Powered Industrial Trucks. OSHA Technical Information Bulletin (TIB), (July 31, 2000).
- Longshoring and Marine Terminals: Fatal Facts.
- Materials Handling and Storage. OSHA Publication 2326, (Revised 2002).
Dangers Facing Truck Drivers and Other Workers Loading and Unloading Freight
Of course, commercial truck drivers face some of the greatest dangers of any worker in America, with statistics showing that in Illinois, being a trucker is the most dangerous job anyone can have in the state. See, What Is The Most Dangerous Job in Indiana and Illinois?
Some may assume the truck driver’s highest risk is being hurt in a semi-truck crash while driving on the road. They may not realize that the trucker, as well as those working to help load or unload the rig, also faces a very great danger of severe injury in a loading or unloading accident.
Both the trucker as well as others employed at the loading or unloading site can be seriously injured or killed in a horrific accident involving the movement of goods or cargo on or off the rig (and its trailer). The truck driver, as well as any forklift driver, pallet mover operator, pedestrian worker, crane operator, and other site employee can suffer permanent harm.
How? Loading and unloading accidents may involve:
- Large, weighty pallets falling while on the truck and striking one or more workers;
- Heavy cargo falling as it is being removed from the truck or trailer and striking one or more victims;
- Industrial trucks (forklifts) hitting someone during the loading or unloading process;
- Industrial trucks (forklifts) hitting someone during the movement of freight into or out of the warehouse, terminal, etc.; and
- Uneven loads causing the trailer to sway or fall over during the loading or unloading, resulting in multiple worker injuries.
For more, read Supply Chain Fatalities: Accident Injury Dangers with Material Handling and Storage in Indiana and Illinois.
Legal Duties to Keep Workers Safe During Cargo Loading and Unloading
Under both state and federal law, statutes and regulations protect against the hazards presented during the industrial loading and unloading process, regardless of whether the location is a steel mill, construction site, warehouse, or marine terminal.
Any number of companies and individuals may have a legal duty to keep workers safe during the movement of cargo and freight. For instance:
- the company that owns the truck and employs the truck driver will have a responsibility under the law to keep drivers and those dealing with the rig and its load safe;
- those who are responsible for the actual loading or unloading of the freight itself have independent legal duties of care and safety;
- the owner of the physical location where the loading and unloading occurs may be legally liable in the event of an accident;
- the owner of the cargo or freight may have a legal responsibility to keep anyone dealing with its shipments safe; and
- any company that is responsible for the repair, upkeep, and maintenance of the site as well as its machinery and equipment, will have a legal duty to protect workers against harm.
Safety Practices Once Truck Drivers Arrive at a Destination
According to OSHA, any industry that needs the loading or unloading of freight as part of its business operations must have safety procedures established to keep workers safe from harm during the process. Moreover, employers should make sure truck drivers and others are well aware of the severe bodily injury hazards they face during the loading or unloading procedure. Read, Safety Practices Once Tractor Trailer Drivers Arrive at a Destination. OSHA Fact Sheet (Publication 3944), (2018).
From OSHA comes the following safety directives for truckers when unloading cargo:
Parking of the Truck
- Park on level ground and close to the receiving door or site
- Set and test brakes
- Place wheel chocks between the tandem wheels of the trailer
- Do not attempt to stop a rolling vehicle
Backing Up the Truck
- Get Out And Look (GOAL)
- Use flashers, horn, and backup alarms
- Check both mirrors
- Roll down windows to hear
- Know the vehicle’s blind spots
- Use a spotter
- Back up slowly
- Stand clear when opening doors for unloading
Coupling and Uncoupling
- Only trained workers should perform this procedure
- Ensure stable footing when releasing the fifth wheel or adjusting tandems
- Wear bright visible clothing
- Set parking brakes and perform tug test
- Keep clear of tires and frames
- Check for vehicular traffic near you.
Claims for Justice for Victims of Loading and Unloading Accidents
After there has been a serious or fatal accident during the loading or unloading of cargo or freight in Indiana or Illinois, the accident victim and their loved ones will have the legal right to investigate whether or not legal duties of care and safety were breached and caused the incident and its aftermath.
Not only will state workers’ compensation laws come into play (including providing help for workers suffering full or partial disability), but claims may also exist based upon negligence, defective design, product liability, and negligent supervision.
These investigations can be complicated, where expert analysis may be required (e.g., logistical and commercial vehicle freight packaging experts). Other complexities entail locating and obtaining vital evidence such as on-site camera video recordings; phone video captures; witness statements from those present at the time of the event; and more.
For more, read:
- Death on the Job: Industrial Accident Fatalities in Illinois and Indiana
- Injuries to Longshoremen and Harbor Workers in Indiana and Illinois: Maritime Accidents
- Indiana Remains Top Steel Producer in the Nation: The Deadly Dangers of Steel Production
- Do Railroad Workers Face an Increased Risk of Work Injury and Accidents on the Job?
- Warehouse Accidents: Workers in One of the Deadliest Jobs in Indiana and Illinois
- Forklift Accidents: Serious and Deadly Industrial Truck Injuries on the Job
- The High Risk of a Deadly Confined Space Accident on the Job.
Here in the Crossroads of America, loading and unloading freight is a very real and commonplace hazard facing workers in Indiana and Illinois. All too often those with legal duties to protect workers against harm during this process either disrespect or disregard the dangers of moving cargo with tragic results. Please be careful out there!
