By Randall C. Resch
Being sued for unlock damage is a laughable claim. Defending this type of claim is an easy process. An unlock service is simple. A tower responds to a location, conducts the service, then payment is collected COD, covered by insurance or an auto club’s membership.
Although unlock damage claims are rare, a single complaint can turn into a complaint from hell. One such on-line post trashed a tow company claiming their operator damaged a pickup’s door during unlock service. Although service ended without incident, a $175 repair estimate surfaced two months later.
This claimant alleged the operator “attacked” their pickup’s door using some “coat-hanger tool.” The experienced tower stated there was no difficulty opening the door; he used the same tools for nearly all unlocks. His practice was industry acceptable. Insert a plastic wedge, inflate the airbag and insert a long-reach tool to manipulate the lock.
In my fifty-years of business, two similar claims (against me) surfaced by vehicle owners. They cited my tow operators inflicted damages to door frames “using the wrong-tools.” In both cases, owners were arrogant and nasty having familiar “in yer’ face” personalities.
In the furtherance of their scam, they found body shops eager to write damage estimates. That’s an easy practice for unscrupulous body shops seeking to draw work to their shops. Damage claims are generally false and fraudulent, but because filing a small claims suit is easy, you’re forced to defend your company’s actions.
To protect yourself, the industry is full of accessory and equipment sales companies who sell lockout kits and tools. Use catalogs and product photos to your advantage. With a well-positioned digital camera, take a dozen photos of a like-type vehicle showing placement of tools start to finish.
Position a plastic wedge showing close-up photos of how wedges insert into the vehicle’s door-jamb. Position the air-bag and whatever tool into the gap. When the tool is inserted, include a measuring tape to show the gap’s spread. Present these photos in court.
For additional evidence, support your testimony with photo advertisements from suppliers of unlock tools and airbags. Bring a most recent copy of Zips/AW Direct’s catalog, testifying that lockout tools (of the same kind) were employed in methods considered “standard to the industry.”
Testimony should include a statement saying, “Tools were used in-accordance to standard lockout methods and techniques.” Compare your photographs with the same unlock tools and airbag depicted in the product’s catalog (similar product shots will work).
Knowing how these tools work is your best evidence. Don’t forget to ask the vehicle’s owner if their vehicle had been unlocked before in its many years? Chances are, the older the vehicle, the more likely the damage was inflicted by someone else.
One final detail. An internet search of auto repair labor rates varied widely across the US, even within the same city. It was reported that body shops in AAA’s approved repair network charged between $47 and $215 per hour. Based on most shop's hourly rate, I hardly think a sprung-door can be repaired in one hours’ time.
By Brian J. Riker
Since rotators were first introduced to the towing industry, there has been an ongoing debate about what they are and what you can do with them. Better awareness of Occupational Safety and Health Administration compliance and operator certification in the towing industry has come just in time as OSHA has the towing industry in its sights.
A rotator is not a crane; never has been and never will be. They are not built to comply with the strict standards set forth by OSHA. If they were, their lifting capacity would be reduced so much that they would be all but useless as a recovery vehicle. When used in response to a wrecked or disabled motor vehicle, tow trucks and rotators are exempted from the regulations and operator certification requirements of cranes.
That said, many towers still use rotators on construction sites as a substitute for a traditional crane. This is attractive to the construction company since rotators can usually operate in more confined spaces and usually come at a much lower price point than a traditional crane with the same lift capacity. The usage of rotators as cranes has drawn the attention of the crane industry as well as OSHA.
On Nov. 8, 2018, with an enforcement date of Feb. 7, 2019, OSHA published a final rule regarding updated crane operator standards. This revised standard continues to require the use of trained crane operators, as well as adding a requirement that employers evaluate their competency.
Just like having a drivers license may not mean you are skilled enough to operate all vehicles, having a crane certification does not mean you actually know what you are doing.
OSHA has issued guidance on enforcing this new standard, calling for compliance assistance education by its inspectors during the first 60 days, but only to employers that have shown good faith efforts to properly and timely evaluate all their crane operators.
"But, you said a rotator is not a crane; so why do I have to comply?"
The short answer is that no one is looking at the design specifications of rotators, yet; but they are looking for operator cards and documentation of employer evaluation. Any time you use any of your tow trucks or rotators to lift anything other than a disabled or wrecked motor vehicle or spillage from an accident, you are performing a crane service lift and the operator must be qualified.
I know it is a Catch-22 situation for many. Towing is a tight margin industry with the average towing company only making a 5 percent to 8 percent annual return on investment. We need to continually look for alternate sources of revenue, especially sources that will pay for perhaps the most expensive piece of equipment in the fleet. Combine this with more and more agencies mandating the availability of rotators to be included on police rotations and I see why crane work appeals to owners.
As a compliance specialist all I can do is inform you of the changing regulations and urge you to comply. For some that will mean obtaining the proper training and performing the required evaluations. Others will stop doing non-automotive lifts with their equipment. That decision is yours alone to make.
A few key notes about crane operator training and certification. If your state requires a specific license this updated standard does not affect that program. Additionally, operators in states without a specific licensing standard are still required to be trained and certified by an accredited organization or qualified employer program. As always, this certification or licensure must be provided to employees at no cost.
Certification or licensure alone is no longer compliant. The employer still must provide an evaluation of the operator's actual skills, including their ability to read and understand the written operating instructions for their specific equipment. This evaluation must be documented and performed by an individual that is competent and experienced in the operation of the specific type of crane being operated.
In addition to training, certification and evaluation of newly hired crane operators, all operators must be reevaluated anytime retraining is deemed necessary, usually after an incident or near miss event.
These evaluations are not portable; they don't follow an experienced operator when they change jobs. In addition, one operator employed by multiple companies cannot be deemed qualified if only one employer has evaluated their skills. The good news is that employers do not have to reevaluate any crane operator that was in their employ on or before Dec. 10, 2018, if they had previously evaluated their skills. All operators hired after this date must be evaluated prior to being permitted to operate any crane unsupervised.
The full requirements can be found in OSHA Standard 1926.1427.
Brian J. Riker is a third generation towman and President of Fleet Compliance Solutions, LLC. He specializes in helping non-traditional fleets such as towing, repossession, and construction companies navigate the complex world of Federal and State transportation regulatory compliance. With 25 years of experience in the ditch as a tow operator Brian truly understands the unique needs and challenges faced by towing companies today. He can be reached at brian.riker@fleetcompliancesolutions.net
By Randall C. Resch
An attorney contacted me regarding whether or not tow owners should respond to on-line reviews? While I know no written practice requiring owners answer bad reviews, I believe there’s value for tow companies to get in-front of potentially damaging complaints. A disgruntled customer can create long-term damage to your company’s reputation.
Today’s social media is where customers learn about your company when searching for tow services. While some tow owners feel social media is filled with false information, complaints are damaging when viewed by others, especially new customers. Do you monitor what's said about your company? Even if a complaint is true, do you conduct damage control?
Recently, I looked for a contractor to handle a difficult repair at my house. Although many contractors received complimentary remarks, other contractors didn’t as customers cited shoddy work and management failing to return calls. Because no one responded and complaints went unanswered, I shied away from calling those companies. The fact is: once complaints are posted, they don't go away.
Handling complaints is an easy process in which tow owners should be involved. Although responding to complaints takes time, what’s the downside to not responding? It’s imperative to address a customer when you learn they have a problem. At minimum, invite the complainant to initiate a complaint form. There’s no perfect business free of complaints. Handling complaints is a tough part of doing business, but there’s an easy way to approach them in four steps called “LAST.”
Listen – A complaining customer wants you to hear their story. Let them discuss their concerns.
Apologize – Whether right or wrong, say that you understand the nature of their complaint and you’ll look into the matter. Don’t flippantly tell them to pack sand.
Solve – When complaints are justified, offer a settlement or action to satisfy their complaint.
Thank You – Those words are powerful and beneficial in ending disputes. Thank your customer for their cooperation and patience.
Ignoring customers can make life a living-hell when no effort is made to satisfy them. If they take their rage to social media, your reputation takes the hit. To your advantage, you can initate a professional, thoughtful response that counteracts their complaint. Managing media sites is important. It need not be expensive, but requires dedication to an active response. Why not dedicate a senior employee or manager to monitor sites and respond on your company’s behalf?
I believe doing something is far better than doing nothing. A successful or amicable handling of customer complaints results in them writing a more fair review versus that of simply trashing you. Fair or unfair, ignoring customer concerns only can have a negative effect on future business.
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