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Contractors at a crossroads

By: Garrett Andrews//July 10, 2017//

Contractors at a crossroads

Garrett Andrews//July 10, 2017//

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Oregon State Police Captain Bill Fugate, left, speaks with Knife River President Brian Gray before the start of a June 28 saturation patrol effort for an Interstate 5 work zone in which a Knife River employee was killed by a driver. (Courtesy of Oregon Department of Transportation)
Oregon State Police Captain Bill Fugate, left, speaks with Knife River President Brian Gray before the start of a June 28 saturation patrol effort for an Interstate 5 work zone in which a Knife River employee was killed by a driver. (Courtesy of Oregon Department of Transportation)

President Brian Gray has been distracted at work lately. Instead of worrying about logistics for the Portland office of one of the West’s largest heavy civil contractors and aggregate suppliers, Gray worries about the men and women working on every project.

“I don’t sleep very well at this point,” he said.

Despite all the government and industry has done to improve worker safety on road projects, much work remains, Gray said.

Oregon averages six deaths in highway work zones per year. 2017 is tracking average, but the three deaths so far all came in a recent one-month period – and all were workers.

The second death, Ronald Ernest Davis, 57, was such a devastating blow to his employer, Knife River, the road builder paused that project for three weeks so it could investigate its methods and give staff time to recover. Some of those workers have yet to return.

States neighboring Oregon and others where Knife River does business have tougher work zone protections for workers, Gray said. Since the crash that killed Davis and injured a co-worker, Gray’s been working with the Oregon Department of Transportation () and the Oregon State Patrol (OSP) to get more drivers to pay attention and proceed slower through work zones.

Highway work zones are unsafe by their very nature. Drivers are forced to maneuver through an irregular and unfamiliar array of barrels, lights and signs, as well as the construction workers whose lives are very much in their hands.

Though Knife River, one of the largest heavy civil contractors and aggregate producers in the West, has lost employees before, Davis’ death was especially shocking. The Powell Butte man was a project manager, and very well-liked, Gray said. He had been with Knife River one month shy of 25 years.

“He was at the top of his game, frankly,” Gray said. “He was very safety-conscious, he was very experienced, and was excited to be over here.”

Early on the morning of June 6, Davis and a co-worker, Antonio “Tony” Manuel Bahena, 20, were in a Ford F-250 truck preparing to open the middle northbound lane to traffic when the driver of a box truck approached at high speed, apparently ignoring signs to slow and subsequently slamming into the back of the pickup, according to accident reports by Oregon State Patrol.

The suspected driver, Colin Michael Cook, was booked three days later in Marion County Jail on suspicion of charges including second-degree assault and hit-and-run. As of Monday, Cook, 27, remained in custody with a court date set for Aug. 8.

Bahena is still at home recovering from a serious concussion and other injuries.

“This is why I pray every day for the safety of my husband, our friends/his coworkers at ODOT,” one Facebook commenter replied under a post by ODOT Director Matt Garrett expressing condolences.

The construction industry prioritizes safety as a bottom-line issue, as well as a moral one. The two biggest causes of work zone accidents are considered to be speed and distractions, and firms like Knife River for years have railed against such actions. OSP and ODOT dedicate millions of dollars each year to awareness campaigns and extra patrols to get drivers’ attention.

ODOT spokesman Dave Thompson typically tracks the number of articles elicited by ODOT awareness campaigns. This year’s awareness month – May – got a huge response from media. A – held each year in mid-April – was also deemed a success this year.

As a government worker employed to inform the public, Thompson admits knowing the three deaths came following a widely-viewed awareness campaign made him “feel like a failure.”

Knife River crews work on an Oregon Department of Transportation project to repave Interstate 5 between Woodburn and Wilsonville. (Courtesy of Oregon Department of Transportation)
Knife River crews work on an Oregon Department of Transportation project to repave Interstate 5 between Woodburn and Wilsonville. (Courtesy of Oregon Department of Transportation)

ODOT expects between 150 and 200 projects to take place this summer, from drainage work on culverts and bridges to re-pavings, like the project Davis was working on when he died.

Three bills related to highway worker safety were introduced this year in the Oregon Legislature, and two passed. House Bill 2721 increases penalties for physically assaulting a highway worker. HB 2597 addresses distracted driving, targeting people caught using a cellphone or other electronic device behind the wheel.

Rep. Susan McLain, D-Hillsboro, plans to convene an informal work group before next session to examine safer work zone ideas, according to her office.

Amber-colored lights are commonly used by road builders to communicate to drivers. Gray says drivers have become “numb” to these, so they’re no longer effective at commanding attention. People just pay a lot more attention to the red and blue lights of emergency vehicles, he said.

States that neighbor Oregon allow tow trucks and other emergency vehicles to use red and blue lights, but the practice is not allowed here.

With the possibility of death so close at hand for highway crews, many employers prioritize training to ensure workers are on high alert at all times.

Reynelda Hayes, owner of All About Flagging, makes her employees sign a policy agreeing to stay focused. Aside from the human cost of work zone accidents, insurance in her field is already sky-high.

“You have to be alert at all times, because it only takes a second,” she said.

Hayes said she doesn’t like to think of projects as being more or less dangerous than one another.

“Any project can be a dangerous project if you’re on your phone or smoking a cigarette,” she said.

Gray has been working with ODOT and OSP to devise new safety procedures. It’s tough though, he said, because there were already lots of good precautions in place.

Ideally, “positive barriers” would separate the work zone from travel lanes, because concrete is far more effective than plastic cones at stopping impaired drivers and swiftly-moving tons of metal.

For the duration of Knife River’s Woodburn-to-Wilsonville project, OSP troopers will be stationed at the beginning of each work area to get people’s attention.

But overtime for troopers is a costly line item in the state budget, and OSP already is operating with fewer troopers than ever before. In other states that Knife River does business, law enforcement officers are stationed full-time at every city, county and private road construction project.
“And in Oregon, it’s a luxury if we get one enforcement officer out there,” Gray said.

A lot of times, officers will be there for only a few hours before they have to leave. On the night, Davis and Bahena were struck, no law enforcement officers were working.

Under the current highway funding mechanism, law enforcement officers aren’t considered part of a highway “work zone.” Plus, only overtime may be used, and a limited number of overtime hours are available. Troopers must volunteer for the assignment after working a full shift, and that isn’t always appealing. OSP has already complained of not having enough personnel. Resolving the issue will likely require a legislative fix.

But ultimately, Gray said, the drivers must act responsibly.

“Most of these accidents could be prevented if people would just pay attention,” he said.



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