MIOSHA Cites MDOT Over Lane Closure in Fatal U.S. 127 Crash
Michigan regulators say the Michigan Department of Transportation (MDOT) failed to close a travel lane during a rolling pothole repair on U.S. 127 where two workers were killed in May, ISHN reports, citing the Lansing State Journal. The union was notified Oct. 22.
What Happened
Michigan Occupational Safety and Health Administration (MIOSHA) notified the Michigan State Employees Association (MSEA) on Thursday, Oct. 22, that it had cited the Michigan Department of Transportation (MDOT) over the crash that killed Bruce Wagner and Steve Spenle. Police said a driver lost control of his vehicle and struck the two men, who were part of a rolling pothole repair detail.
According to the union, MDOT’s protocols called for closing a lane and using the proper number of trucks with electronic arrow signs. The right shoulder was closed with a truck carrying a lighted sign, but the crew was filling potholes in the travel lanes. MSEA executive director Erik Bailey said that work required a lane closure and attenuator trucks. The union said MIOSHA found MDOT failed to maintain a safe workplace and did not follow protocol by working in the roadway without closing a lane.
MDOT disputes the findings. Spokesperson Michael Frezell said the department “disagrees with the findings issued by MIOSHA” and cannot comment further because a criminal investigation of the crash is ongoing. A MIOSHA spokesperson said the investigation into MDOT’s Mason Maintenance Garage remains open, and the union said the official report may be several weeks away. MIOSHA reports 44 workplace deaths in Michigan so far this year, compared with 46 last year.
Penalties, the specific standards cited, and whether any contractor was involved have not been disclosed.
What It Means for Subcontractors
- Audit moving operations before Oct. 31. Pull your pothole-patching, crack-sealing and striping plans and check each against the failure described here: work in a travel lane with only a shoulder closure. Confirm every in-lane task has a lane closure and attenuator trucks written into the plan. Owner: your safety manager and the crew foreman on each detail.
- Check truck counts against the plan. The union’s complaint centered on the number of arrow-sign and attenuator trucks. Compare what your plan calls for with what actually rolls out each morning, and fix gaps before a crew goes into a live lane.
- Read your MDOT or other DOT contract for risk transfer. Ask your contracts lead to review the indemnity, safety compliance and traffic-control clauses. Find out whether a state citation, or the cost of one, can be passed to you. Do this before your next letting or task-order renewal.
- Put a stop-work rule in writing. Give crew leads authority to halt work if the closure on site doesn’t match the approved plan. Document it in the pre-task briefing and the daily field report, so you can show it was followed.
- Watch for the final MIOSHA report. The union expects it in several weeks. Have your safety lead read it for the specific findings on lane closure and truck use, then update your traffic-control checklists to match. The criminal investigation is separate and still open.
