labor lawAdivision of labor law center

A recent tragic accident involving an ATV resulted in a work-related death. The driver was operating the device, fitted by the employer with the sprayer, uphill on rough ground, spraying weeds, according to the investigating office. The front wheels left the ground and the driver stood up in an attempt to stabilize the vehicle. When that failed, she tried to jump from the ATV, but failed and was crushed.

The manufacturer’s modification – adding the herbicide sprayer – caused the accident, according to OSHA, because it destabilized the ATV. Driving uphill on rough ground contributed to the accident.
ATVs are finding their way into the workplace, sometimes with tragic and fatal results.

A Rhode Island Worker Safety alert points out that without worker training in driving the ATVs and without other safety measures like following manufacturers’ weight guidelines, more deaths and injuries may occur. The All-Terrain Vehicle is showing up in forestry, police work, construction, and farming.

With increasing use on the job, fatalities have increased. In the past 10 years, more than 100 workers have died in job-related ATV accidents.

ATV accidents are up generally. In recreational use, there was an increase from 29 to 470 in the 24-year period from 1982 to 2004. Injuries hit 136,100. There have been 800,000 accidents in the past ten years.

OSHA has some recommendations for ATV use in the workplace. It has released these in a bulletin describing the measures that should be taken to reduce the disturbing trend toward more on-the-job ATV accidents and their resultant deaths and injuries.

First and foremost, train workers in driving them. Because it is perceived as a recreational vehicle often used by children, there is an assumption that no training is needed. The opposite is true. They handle in a way that is completely different from a motorcycle or a car. Second, wear helmets. And third, stick to the manufacturer’s guidelines, particularly for weight limits.

Deaths on ATVs have increased for recreational use. Fatalities went from 29 in 1982 to 470 in 2004. In the past 10 years, there were 800,000 accidents.

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