Tennessee Cites FedEx for Fatal Accident, Proposes $4,000 Fine
State regulators propose to fine FedEx Corp. $4,000 for a fatal workplace accident last Nov. 22 at the Memphis hub.
A cargo tug operator, Christopher Higginbottom, 39, was found crushed by a loaded dolly he was towing.
It was the second fatal accident within 18 months at the FedEx Express world hub at Memphis International Airport. Material handler Chandler Warren, 19, was crushed by a giant cargo lift July 2, 2014.
FedEx is appealing the citation and proposed fine, handed down April 18 by the Tennessee Department of Labor and Workforce Development's Division of Occupational Safety and Health, or TOSHA.
Investigators say they believe Higginbottom fell off his tug and was run over by the first in a train of three loaded dollies, according to documents obtained under a public records request.
FedEx ranks No. 2 on the Transport Topics Top 100 list of the largest U.S. and Canadian for-hire carriers.
There were no witnesses or video surveillance coverage, but FedEx security officers found Higginbottom beneath a dolly holding a 2,300-pound cargo container. His chest was crushed by the dolly's weight. The report showed Higginbottom's tug veered across an oncoming lane and clipped a tractor-trailer parked in a loading dock before coming to a halt.
TOSHA has focused on seat belts as an issue in Higginbottom's death, with an investigation summary concluding, "The company did not ensure the tug operator properly fastened the seat belt around his waist while operating the tug."
The violation, classified as "serious," is based on state and federal standards requiring employers to protect workers from serious or potentially lethal hazards such as ejection while operating a vehicle.
The citation said the violation was "corrected during inspection."
"The employer corrected the violation during the inspection by holding a training session for all tug operators that stressed the importance of always properly wearing the seat belts while operating the tugs," inspectors reported.
FedEx spokesman Jim Masilak said, “We remain saddened over the tragic accident involving Mr. Higginbottom and reiterate our condolences to his family. Safety is a priority for FedEx, and all of our tug drivers receive safety training that includes the required use of seat belts. We will appeal the proposed fine.”
FedEx's notice of appeal didn't cite specific grounds. During a May 2 informal conference with TOSHA, FedEx disputed that the personal protective equipment standard included seat belts.
FedEx Express Director of Safety Tom Lopez told TOSHA officials that Memphis International Airport did not require use of seat belts.
"He also said new tugs are ordered from the manufacturer with seat belts installed and that they were researching retrofitting existing tugs that did not have seat belts," TOSHA's Wade Gowan wrote in a memo.
