THE FIRE AND DEATH RISKS ASSOCIATED WITH PORTABLE SPACE HEATERS

THE FIRE AND DEATH RISKS ASSOCIATED WITH PORTABLE SPACE HEATERS
 

Space heaters annually account for one-third of reported U.S. home heating fires, and four out of five associated civilian deaths.  Therefore, the safety of heating equipment is a growing concern.  Firefighters say that about 80 to 90 percent of the heater fires occur at night when the residents are asleep.

During winter months, the potential for house fires increases as people seek warmth using electric space heaters. Electric space heaters do not have an open flame, but the heating elements can get hot enough to ignite nearby combustibles.

Stationary (fixed) and portable space heaters, excluding fireplaces, chimneys, and chimney connectors, but including wood stoves, accounted for one-third (33%) of reported 2007-2011 U.S. home heating fires, four out of five (81%) associated civilian deaths, more than two-thirds (70%) of associated civilian injuries, and half (51%) of associated direct property damage.

The leading factors contributing to ignition in home heating equipment fires were failure to clean (28%), heat source too close to combustibles (14%), and unclassified mechanical failure or malfunction (12%). Heat source too close to combustibles was a factor in half (53%) of associated fire deaths.

Placing space heaters too close to combustibles such as carpeting, bedding, draperies, newspapers or books, clothing, furniture, or flammable liquids is the leading factor contributing to home heating fires.  Space heaters need space. 
 That’s a key message from the nonprofit National Fire Protection Association (NFPA) and the United States Fire Administration (USFA), who are teaming up to reduce the risk of home heating fires this December, January and February, when half of all U.S. heating home fires occur.

As part of their joint fire safety campaign, “Put a Freeze on Winter Fires,” NFPA and USFA urge everyone to practice extreme caution when using space heaters this season.  Keep things that can burn at least 3 feet away from space heaters, and create a three-foot “kid-free zone” around them.  Make sure to use equipment that has the label of a recognized testing laboratory, and have a qualified professional install stationary space heating equipment according to the local codes and manufacturer’s instructions.

The most dangerous space heaters are the kerosene models with an open flame.  A safe alternative would be a low-wattage electric space heater.  Family members should take special note of elderly or disabled relatives using space heaters.  It is common for those with arthritis, diabetes, and circulation problems to require additional warmth.  A personal heater may be the perfect solution – as long as it is a safe product and it is used properly:

For portable electric heaters:

·      Place them on a solid, flat surface, away from high traffic areas and doorways.

·      Turn them off when you go to bed or leave the room.

·      Use and purchase heaters with an automatic shut off so if they’re tipped over they will shut off.

·      Plug power cords directly into outlets and never into an extension cord.

·      Inspect for cracked or damaged, broken plugs or loose connections; replace before using.

·      If you are unable to plug the unit directly into a socket and have to use an extension cord, consider using a heavy-duty cord marked with a #14 gauge or larger wire (#12 gauge is larger than #14 gauge). An incorrectly sized cord could create a fire hazard. If the heater’s plug has a grounding prong, use only a grounding (three-wire) extension cord.

·      Never run the heater’s cord (or any cord) under rugs or carpeting.

·      Do not leave the heater operating unattended. Turn the unit off when you are sleeping. Portable electric space heaters are designed for use only as temporary supplemental heating and only while attended.

·      To prevent electrical shocks and electrocutions, keep portable electric heaters away from water, and never touch an electric heater if you are wet.

·      Do not use an electric heater as a dryer by placing clothing or other fabric over it, and never use a heater to thaw pipes.

·      Keep the heater in safe, working condition. Replace missing guards and controls at once. Never operate a defective heater.

·      Keep children and pets away from space heaters. Place the heater on a level, stable surface where it will not be tripped over, bumped into, or pushed over. Children should not be permitted to either adjust the controls or move the heater.

As with any type of heating system, install and maintain at least one smoke detector on each floor of your home. Make sure each smoke detector is in good working condition at all times.

In the event of any fire, in addition to CO, there are Products of Incomplete Combustion (PICs)—known carcinogens—released into your home by smoke and soot.  This presents a serious health hazard.

 Winter fires are preventable! For more heating safety advice from NFPA and USFA’s “Put a Freeze on Winter” campaign, visit www.nfpa.org/winter.

DEFECTIVE CONSTRUCTION PRODUCT MANUFACTURERS MUST BE DEFENDED BY THEIR GENERAL LIABILITY INSURERS IN PENNSYLVANIA

DEFECTIVE CONSTRUCTION PRODUCT MANUFACTURERS MUST BE DEFENDED BY THEIR GENERAL LIABILITY INSURERS IN PENNSYLVANIA

Two months ago, in Indalex v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 126 WAL 2014 (Pa. Sept. 18, 2014), the Pennsylvania Supreme Court refused to hear a petition by the CGL insurers of Indalex, et al in an attempt to overturn the Superior Court’s ruling last year where the court held that the CGL insurers have a duty to defend the defective product manufacturer against claims of third party property damage, mold and personal injuries.  Based on this decision, loss arising from a defective product may constitute an “occurrence” triggering general liability insurance coverage under Pennsylvania law. 

Background

Indalex, a window and door manufacturer, sought coverage under a commercial umbrella insurance policy issued by National Union Fire Insurance Co. of Pittsburgh, Pa., for multiple lawsuits filed by homeowners and property owners. The lawsuits alleged that Indalex’s windows and doors were defectively designed or manufactured and resulted in water leakage that caused physical damage, including mold and cracked walls, as well as personal injury. The claims against Indalex were based on strict liability, negligence, breach of warranty and breach of contract.

The insurer argued that there was no “occurrence” triggering coverage, relying on Kvaerner Metals Division of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888 (Pa. 2006).  In Kvaerner, Bethlehem brought an action against Kvaerner asserting claims of breach of contract and breach of warranty.  In its complaint, Bethlehem alleged that it entered into a contract with Kvaerner (the “Contract”) pursuant to which Kvaerner agreed to design and construct a coke oven battery (the “Battery”) for Bethlehem.  According to Bethlehem, under the contract Kvaerner (1) agreed to build the Battery according to certain “plans and specifications that were made a part of the [Contract],” (2) warranted that its materials, equipment, and work would be free from defect, and (3) agreed to repair or replace any defective work or materials.

Bethlehem then contended that based on these facts, Kvaerner breached the above Contract terms because the Battery built by Kvaerner was “damaged” and “did not meet the contract specifications and warranties, or the applicable industry standards for construction ․” Bethlehem further alleged that although it sent Kvaerner a “non-performance list” detailing the Battery's “damages and breaches,” Kvaerner had failed to remedy the Battery's problems.   Moreover, Bethlehem incorporated by reference the “damages and breaches” listed in the non-performance list, which enumerated numerous problems with the Battery,

In Kvaerner, the PA Supreme Court ruled there was no “occurrence” because the underlying complaint alleged only property damage from faulty workmanship to the work product itself.  Kvaerner also was based on an underlying complaint that contained only claims for breach of contract and breach of warranty.

The facts in Indalex are much different than the ones alleged in Kvaerner and in addition, the cause of action was not based on contract but was based on tort, negligence and third party personal injuries.  In Indalex Inc. v. National Union Fire Insurance Co., several lawsuits were filed against Indalex, alleging that windows and doors it supplied to a residential construction project were defectively designed or manufactured, resulting in water leakage that caused physical damage to the underlying plaintiffs’ residences, as well as personal injuries in some instances. Many contractors also impleaded Indalex into lawsuits brought by homeowners directly against them.  The primary insurer, One Beacon, defended and indemnified Indalex in these lawsuits.  But when its policy limits were exhausted, National Union, the umbrella insurer, refused to defend and indemnify Indalex.  Relying upon Kvaerner and its progeny, it claimed that faulty workmanship and product defects do not qualify as an “occurrence” under the National Union policy.

The Indalex court held that National Union was required to defend Indalex with regard to the underlying claims of property damage and personal injury. “Simply stated, because Appellants set forth tort claims based on damages to persons or property, other than the insured’s product, we cannot conclude that the claims are outside the scope of the coverage.”

The Indalex is an important, as well as correct decision

This is an important decision, especially for manufacturers who supply products that are used in construction projects. The critical distinction is that where a faulty product causes harm to other property, a CGL policy may provide coverage, because the damage to the “other property” constitutes an “occurrence.”

Many state supreme courts (for example, Connecticut, North Dakota, and West Virginia) have, in the past year, determined that faulty workmanship can be an occurrence, particularly where it causes unintended and unexpected damage to other property. And, some states have even enacted legislation requiring CGL policies to define occurrence to include property damage or bodily injury resulting from faulty workmanship, or have made it easier for insureds to obtain coverage for damages as a result of work the insureds performed (for example, Arkansas, South Carolina, Colorado and others). New Jersey also recently introduced legislation seeking to require CGL insurers to alter the definition of "occurrence" to include property damage from faulty workmanship. 

Although the Indalex decision centered around faulty products, a parallel can be drawn between a faulty product and faulty workmanship, both of which may cause similar unintended damage. At the least, this decision widens coverage for policyholders, and appears to be a step in the right direction toward the majority view nationwide, that CGL policies should cover faulty workmanship that causes damage to other property.

Defense coverage (and perhaps even indemnification) for unexpected damage caused from allegedly defective work or products such as stucco or concrete may now be more likely. 

Builders, contractors and manufacturers historically purchased such CGI policies to protect themselves against a multitude of risks and lawsuits, including claims for defective or faulty workmanship or manufacture of their products, and regardless of whether the damages sought from the contractors or manufacturers were for property damage or bodily injury, and by whatever theory of liability which was asserted against the companies.

Over the past several years, however, the Pennsylvania appellate courts had issued several decisions that significantly narrowed the scope of what was a “covered” claim under such CGI policies, which consequently limited the scope of the carrier’s duty to defend the builder, contractor or manufacturer which had been sued for alleged defective or faulty workmanship or products.  Businesses were at a serious disadvantage in defending against such lawsuits if they could not at least count on the carriers’ duty to defend them in such a suit, let alone a duty to indemnify them.

Metropolitan Engineering, Consulting & Forensics (MECF)

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NEW OSHA GUIDANCE – ROADMAP TO COMPLYING WITH ITS CRANES AND DERRICKS IN CONSTRUCTION STANDARD

New OSHA Guidance – Roadmap to Complying with its Cranes and Derricks in Construction Standard

10/30/2014

Although OSHA implemented its Cranes and Derricks in Construction Standard (29 C.F.R. 1926 Subpart CC) back in 2010, it just now released its directive for how OSHA inspectors should enforce that rule.  Multiple layers of legal review and approval, as well as revisions and challenges to the standard, contributed to the delay.

Released on October 23, 2014, this directive includes an abbreviated inspection checklist and inspection guidance for OSHA inspectors to follow, as well as recommended citation policies for complex requirements.

Reviewing the procedures OSHA expects its inspectors to follow can be helpful to assist contractors and operators in ensuring they are compliant with the new standard, and avoid a citation if an inspection is conducted. The abbreviated check list, found at section VIII.B of the directive, provides a road map for what inspectors will be looking at during a site visit. Contractors should read through this list and make sure all persons who work with cranes on site comply.

The directive also includes inspection guidance and citation policies, which identifies who should be interviewed at a site and what types of documents should be turned over during the inspection. It is important to note that the inspectors may likely be interviewing the following persons based on this directive: (1) controlling employer; (2) employer of the operator and lift crew; (3) operator; (4) equipment inspector; (5) maintenance personnel; (6) lift and A/D directors; (7) crew members; (8) riggers and (9) signal persons. Given this broad spectrum of persons who may be interviewed, in particular the non-managerial personnel, it is important to ensure proper training and crane safety compliance prior to an inspection, and certainly in the event of an accident.

The directive applies to the Federal OSHA plan only, however, State Plan States must implement enforcement policies and procedures for their Cranes and Derricks standards which are at least as effective as those in the directive. If your projects are located in jurisdictions which operate their own State OSHA plans, please check your State plan’s website, or the Federal OSHA webpage to determine if there are additional requirements beyond those included in the new directive. At a minimum, however, all construction projects will be governed by the guidelines set forth in this directive. A state plan may increase the requirements, but may not require less than what is set forth here.

Loss Lessons involving Cranes

In the last few months we have encountered claims involving tipping and damaging buildings.  Cranes are the most useful equipment at construction sites.  However, if misused they can cause some serious harm.  Both crane accidents we investigated were the result of inadequate planning, which led to instability and overturning of the crane.

The first claim involved a 12-ton crane attempting to lift a 20-foot steel beam weighting approximately 500 pounds.  The carne was stationed near the base of a new building and, despite being available, neither wood pads for the outriggers nor counter weights were utilized.  During the lift, the right front outrigger sunk into the ground approximately six to eight inches causing the crane to tip onto the building damaging a steel roof beam, masonry, metal framing, concrete fascia, and the crane itself.  The crane company had to employ two additional cranes to re-erect the tipped crane.  Some minor worker injuries were also caused by the tipping of the crane.

The second claim involved a 40-ton crane that was lifting three bundles of roof “I-Joists” weighing approximately 2,080 pounds.  One of the front outriggers collapsed causing the crane to tilt resulting in damage to a masonry wall, the parapet of adjoining masonry walls, metal support beams and scaffolding.  When the boom crashed onto the wall, the joists fell onto the floor inside the building, damaging 30 of these joists.  In addition, the hook of the crane struck the floor and caused damage to the concrete floor.  Finally, hydraulic fluid leaked from the crane, which required cleanup and soil remediation.

Both of these accidents could have been avoided by simple pre-planning.  In the first case, the operator and site supervisor should have identified that the crane should not have been situated near the base of a new building, because this area is the softest, even when properly compacted.  Additionally, the wooden pads need to be utilized at all times regardless of how many lifts will be conducted.  The wooden pads or cribbing are necessary to distribute the weight of the crane and its load.

Pre-planning should also include the verification that the crane being used is free of hazards and defects.  This is not only common sense but is also a federal requirement.  The rule 29 CFR Part 1926, Subpart CC requires that the employer shall designate a competent person who shall inspect all machinery and equipment prior to each use, and during use, to make sure it is in safe operating condition.  Any deficiencies shall be repaired, or defective parts replaced, before continued use.

It is necessary to abide by the OSHA Subpart CC, – Cranes and Dericks in Construction.  Additionally, all manufacturer’s specifications and limitations need to be followed.  Accidents can be avoided by careful job planning.  The person in charge must have a clear understanding of the work to be performed and consider all potential dangers at the job site.

Driving truck with raised boom results in overturn

November 5, 2014

A man trimming trees for a utility company in Maynardville, Tennessee overturned the utility truck/platform he was using yesterday, after he decided to drive it with the boom raised.

The raised boom became caught up in the overhead wires, which was enough to pull the machine over. He was slightly hurt, but thankfully there was no one in the platform. It begs the question, why was he moving the lift while elevated?

The man, who works for ABC Professional Tree Services, was carrying out contract work for the Knoxville Utilities Board trimming trees back from around power lines. Power was apparently cut to a number of homes in the area – we assume that the power lines had been deactivated.

                                The overturned utility truck

Houston, Texas

A five axle 170 ton All Terrain crane overturned on Friday in west Houston, Texas dropping its boom into the back end of a car dealership yard.

The crane, a Grove GMK5225 operated by Circle 8 Crane Services of Houston, was working or setting up at a tower block construction site in Kirkwood when it went over. No counterweights appear to have been fitted and the outriggers on the side of the fall were either retracted or they have punched through into the ground. The outriggers to the rear are fully extended – the boom appears to have been fully extended at the time.

Thankfully no one was hurt and the even the operator walked away totally unharmed. Property damage – the crane excluded – was also light.

                 Photo from the scene indicates an outrigger issue

Another failed ground incident

November 8, 2014

A 3.5 tonne truck mounted lift overturned in Hengelo, Netherlands yesterday after one of its outrigger jacks broke through the bricks on the sidewalk/pavement.

               The machine's outrigger punched through the paved surface

The 20 metre articulated unit was being used by a window washing company and from what we can see no mats had been used under the jack pads. The lift came to rest against the building and thankfully no one was injured. The damage was also relatively light.

                           It does not look like any mats were used

                  The boom came to rest against the side of the building

The ground in the Netherlands is generally almost pure sand with the majority of block paved paths having no hard core to speak off.  It is negligent to contemplate forgoing the use of mats! Absolutely shocking.

Crane Flips on Highway, San Clemente, California

An All Terrain crane with trailing boom flipped over while travelling on Interstate 5 in San Clemente, California – between Los Angeles and San Diego – on Thursday. Thankfully no one was hurt in the incident.

The four axle Liebherr crane with three axle boom trailer, owned by one of the state’s oldest crane rental companies Bob Hill, swerved into the concrete centre divider several times as the operator tried to keep control of it. Finally it flipped onto its side.

                           An aerial view of the incident

This is not the first time that an All Terrain with trailing boom has flipped or caused havoc on Southern California’s highways. A number of crane operators consider trailing booms – which are dictated by road formulas – are considerably more dangerous than higher axle loads of a longer chassis. At least this time round there are no injuries.

                   The unit has a three axle boom trailer

Metropolitan Engineering, Consulting & Forensics (MECF)

Providing Competent, Expert and Objective Investigative Engineering and Consulting Services

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Tenafly, NJ 07670-0520

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