Introduction: A steel mill plant operator was not certified and authorized to operate a crane when his load struck an aerial lift supporting a welder within the crane operating envelope. Baker & O'Brien investigated the safe work practices and human factors involved in the incident, including the issue of competence. The opinions in our expert report included the error mode for the intentional but mistaken action.

Like refineries and chemical plants, steel mills are also expected to have safe work practices for controlling work to ensure its safe execution. Non-routine work, such as working at heights, lifting operations, and most maintenance activities, require permits to work. It is much the same at a steel mill, and a permit is required for most crane lifting operations.

One morning at the steel mill, welders for a construction contractor were setting up to perform work under a canopy from an elevated aerial lift (also known as a cherry picker or manlift). The welders informed the steel mill owner that they would work in the overhead crane operating envelope and required a crane interference permit. A stipulation of the permit requires a safety watch to be present while the work is undertaken.

While the welders worked in the aerial lift, a steel mill crane operator maneuvered his crane load and struck the aerial lift. A welder fell to the ground and sustained non-fatal injuries. The plaintiff (injured welder) claimed that the steel mill was liable because it lacked adequate safety procedures. Furthermore, the plaintiff claimed that the operator was untrained, unauthorized to operate the crane, and did so without a safety watch.

Baker & O’Brien was retained to opine on safe work practices and human factors in the litigation matter. We investigated the incident to determine the cause of the intentional but mistaken action and reviewed the adequacy of the steel mill’s safe work practices for crane safety.

We issued an expert report of opinions. Before the trial, the parties negotiated a settlement.