By Randall C. Resch
A group of forum participants reacted to an online question: “Why do tow operators have to wear reflective vests?” While this seemed to be one of those laughable “fishing expeditions” by the Tow Police, I think this topic bears repeating because too many towers don’t understand the full safety importance or the meaning of contract requirements.
So, what’s the big deal about tow operators not wearing reflective vests when working outside their trucks? To me “being seen” is one of the industry’s biggest on-scene safety components. You see towers all the time working outside their trucks during nighttime tow and recovery events and they’re not wearing reflective vests. If you’re that tower who doesn’t wear a reflective vest, what part of roadway safety don’t you understand?
“I Didn’t See Em”
May 2017, a California tow owner/operator responded to a nighttime, on-highway call to transport a disabled SUV. In-process of loading the SUV onto his flatbed carrier, the tow owner, allegedly working on the white-line side of the carrier, was struck by an approaching vehicle. The CHP reported the tower wasn’t wearing a reflective vest and possibly may have been standing in a “live” traffic lane.
These on-scene conditions are likely the cause of the tower’s demise, not simply because the motorist failed to slow down and move over.
In 2008, a Texas tow operator, clearing debris from a previous (nighttime) accident, was struck and killed by an approaching motorist as he too wasn’t wearing a reflective vest. The motorist told DPS, “I didn’t see the tow truck guy!”
While wearing a reflective vest doesn't offer physical protection, they do make tow operators more visible as-well-as OSHA and MUTCD compliant during nighttime operations. Would wearing a vest have made any difference in either of these scenarios? If you guessed “Yes,” you’re right.
There IS a Difference
Reflective vests or uniforms differentiate tow operators as on-scene workers; not just another motorist, other lookie Lou, or someone not involved in tow, load, rescue or recovery. Because the industry has identified them as a PPE item, wearing them becomes an obvious safety necessity and a prerequisite of law enforcement contracts.
Requirements are obvious and mandated in California Highway Patrol’s “Rotation Contract” for tow truck operators. The Tow Service Agreement, states: "Tow Operators shall wear appropriate warning garments (e.g., vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance Class 3 requirements of the ANSI/ISEA 107-2004.”
When workers are working “close to moving vehicular traffic,” the Federal Highway Administration requires the mandatory wearing of “high-visibility garments” for all workers involved in activities on city streets, roads and highways. If your tow operators can’t remember to wear a vest, perhaps it’s time to lease uniforms with reflective striping sewn into their daily uniforms. At least that way, the typical excuse “I left my vest in my car,” doesn’t hold water.
For workers who wear ANSI vests, “reflect-ability” lets other workers see where they’re standing too. This is incredibly true to working complicated nighttime recoveries.
Danger Still Exists
Remember, vests aren't iron shields. Wearing a vest creates a “false sense of security” not to be relied upon but I believe vests offer great value to the wearer's visibility - especially when working extreme weather incidents like blizzards, heavy fog and torrential rain.
While having to “don” a vest “every time” might be an inconvenience, wearing reflective vests help ensure that roadside workers are visible during nighttime scenarios, AND, easily seen during the day.
So, when towers are on-scene and involved as a "pedestrian worker,” what will OSHA or the tow company’s insurance provider say if the tower is struck, injured or killed without wearing a vest? Hot or not, I require my operators to wear them when in-process of tow, recovery and training events. I recommend you wear yours too - day or night!
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Operations Editor Randall C. Resch is a retired California police officer and veteran tow business owner. As consultant and trainer, he authored and teaches a tow truck operator safety course approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 26-years, he has contributed more than 700-safety focused articles for American Towman Magazine and TowIndustryWeek.com. He was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.
By Brian J. Riker
There is a design factor on everything we use from the shopping bag used to bring groceries home to the wires that carry the electricity to our television. Towing and recovery equipment is not any different. Engineers spend countless hours designing and testing various designs to make sure they are safe when used as intended. Problems happen when we use things in a way the engineers did not intend us to.
Every piece, regardless of how seemingly insignificant, is critical to the overall success of the process. From using properly rated fasteners to having the correct micron rating on our hydraulic filter, each individual component is designed for a specific purpose, and working together they safely accomplish what we ask daily.
The most important thing for a tower to understand about safe working load limits and design factor is they are only a reliable measure of capability when using the product as intended by the manufacturer. This is why there are different ratings on rigging when used in a straight line vs. wrapped around an object in a basket or choker. When used in a way inconsistent with the manufacturer’s intended use, a product will be damaged and may fail at a load significantly lower than the WLL. This is also why shock loading a chain or cable is a huge no-no. Engineers can’t accurately anticipate the loads imposed during an uncontrolled event such as shock loading so they can’t design for it. Shock loads often exceed the WLL and must always be avoided.
We must never intentionally use our equipment outside the working load limit. DO NOT count on the safety factor. It is a common misconception that all chains have a 4:1 safety factor, meaning that a 5/16” Grade 70 (transport) chain with a WLL of 4,700 pounds (taken from the FMCSR table in 393.108) is actually good for 18,800 pounds, or 4x it’s WLL. This is false!
Most often this is described in training classes as the paper clip effect, bending it once or twice won’t break it but doing so repeatedly will cause a failure. Please keep in mind, once overloaded just one time -even unintentionally- the damage has already been done and the product may fail even at a much lower force than the WLL. To be clear, I do not advocate for ever exceeding the WLL of a product no matter the reason or circumstances.
Although there are US and international standards that govern chain, cable and straps (along with many other products) regarding how working load limits are calculated using design factor and ultimate failure/breaking strength, each manufacturer applies these differently depending on which trade association standards they are following and their own internal testing processes.
In the United States it is ultimately up to the end user to determine if a product is fit for the intended use which leaves us as towers on the line for our own safety. Always be sure you fully understand the ratings on every piece of equipment you use before you begin any job.
The FMCSA publishes a table with their acceptable working load limits for unmarked components based upon material of construction. This table, and other applicable regulations on WLL relevant to on-highway transportation can be found in 40 CFR Part 393.
OSHA, via various standards in 29 CFR 1910 and 1926, requires adherence to the American Society of Mechanical Engineers standards for WLL as well as proof testing of any custom designed hooks or attachments. In these same standards, OSHA clearly publishes design criteria that overhead lifting devices, i.e., cranes, must adhere to and how these requirements play into safe working load limits.
Ultimate failure ratings should never be used by anyone other than the manufacturer to validate their designs and purchasers when comparing product values for purchasing. Ultimate failure rating NEVER plays a role in rigging or lifting plans.
These concepts apply to everything we use in towing, not just our chains, straps and wire ropes. From the truck chassis to the wrecker body installed on it, everything is designed to work within certain limits. I often see wreckers and carriers overloaded because of the concept of “if it fits it ships” or “the truck lifted it so I am good to go.” Please take the time to learn about your specific equipment and what it is intended to do.
A wrecker will only safely perform as rated if you are using it within the design and consistent with the manufacturer’s recommendations.
Training, continuing education and understanding the specific pieces of equipment you are using is critical to your safety and success. We are professionals and as such we must know each tool in our toolbox and how to use it properly. Gone are the days of pulling until something moves or breaks and then attacking it again with a bigger chain. Today we have the educational materials and engineering available to help us understand the forces at work while doing any job.
You must know these numbers before putting your first piece of rigging on something, finding out you are overloaded after you have something lifted, even if it is only an inch off the ground, is the wrong time to figure out what is next. By then you have already overloaded your rigging or equipment and the damage is done.
Bottom line, when selecting equipment it is important to understand the different ratings and how they apply to your intended use. Not all manufacturers use the same rating methods so make sure you are comparing apples to apples when making your selection. If in doubt ask them to explain what they mean by an unusual term, or how they calculated their rating if it is way out of line with other similar products.
By Randall Resch
In many states, it’s illegal to stop and assist. For example, a light-duty tower pulled into the shoulder area at an on-highway vehicle crash. The trooper immediately asked the tower why he stopped when a tow truck hadn’t been called for. The trooper ordered the tower several times to “leave the scene,” yet, the tower copped an attitude and failed to do so. That simple interaction quickly went “high-order,” the trooper aggressively threatening the tower with a citation.
The tow operator, now PO’ed, allegedly reversed the truck, knocking the trooper backwards. The trooper reacted by jumping atop the tow truck’s side mounted running boards, grabbed the tower and ordered him to “Stop the truck,” whereby the trooper was slightly injured.
While I’m sure the operator didn’t intend to cause the trooper harm, his actions weren’t the smartest and landed him a quick trip to jail. The tower was later released after having paid $20,000 bail for the pending assault charge.
In a different scenario, a Texas operator stopped-to-block for a disabled vehicle broken-down on the highway’s shoulder in 100-plus degree heat. The video showed several individuals pushing by hand a disabled Tahoe down the highway’s shoulder in a dangerous location. Not being called, the tower allegedly offered to tow the vehicle for $60 and the motorist refused.
Better Get Informed
In true “Tow Police” banter, towers toss around tough-guy comments that weren’t constructive to the legality of “Stopping to assist.” Stopping to assist, in rough form, are tow operators said to cruise roadways and highways looking for non-dispatched tows to find that desperate and vulnerable motorist in need.
Yes, there’s written law prohibiting illegal towing, call-jumping or solicitation for services on and off-the-highway situations included in state and local municipal code laws. Laws are in-place with regard to overall safety of the motoring public which intend to curtail unscrupulous actions of unpermitted tow operators operating outside the law. While your actions to stop may be well intended, it’s not your job to check or protect the welfare of the motoring public.
These laws as written are to protect against dishonest towers conducting dishonest actions, illegal manipulation, easy auto theft, over-charging, towers operating in uninsured trucks, worse yet, violent, sexual predators cruising highways and byways.
Nothing personal, but the unlawful actions of some towers created this dilemma for others who play by the rules. When it comes to trying not to be arrested for solicitation, perhaps the best response is dial 911 and request law enforcement or freeway patrol services respond to the situation. Unless it’s a provable matter in which that motorist is in potential danger, don’t stop.
Towers may think differently when they’re arrested for “illegal solicitation” and their tow truck gets impounded. I know because it’s happened in cities across the US and Canada. Remember, some cops don’t play.
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Operations Editor Randall C. Resch is a retired California police officer and veteran tow business owner. As consultant and trainer, he authored and teaches a tow truck operator safety course approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 26-years, he has contributed more than 700-safety focused articles for American Towman Magazine and TowIndustryWeek.com. He was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.
