Normally functioning gate equipment causes personal injuries due to improper
professional conduct:
In several prior cases, workers in proximity to a swinging or sliding gate operator have become entangled and crushed by the motor controller and the action of the attached motive arm or drive chain mechanisms. In at least three prior cases, gardeners, attempting to trim plants near the gate motor controller were crushed or injured when a remote control device activated the gate motor while they were standing within the path of travel of the gate arm. All three cases occurred within direct visual sight of the motor controller power switch.
In another trade related accident, a plumber was attempting to access sprinkler pipes when he was struck by a moving gate that had been activated remotely from the adjacent residence. The homeowner failed to disable the gate operator, and forgot that the plumber was working within the path of travel of the gate.
An electrician that had previously installed the power to the motor controller failed to provide an emergency local disconnect switch at the time that he hooked up the motor controller. This lack of electrical code compliance actually cost him his right arm. Several years later, the gate began moving as he was working near the gate controller. He was knocked off of his ladder as he was attempting to service a lamp fixture mounted on one of the masonry columns where the gate was hinged. The electrician became tangled in his ladder, and the force of the swinging gate crushed his arm as the ladder fell with him into the operator mechanism.
All of these aforementioned accidents were the result of careless workers near the gate motor controllers. It is well within a reasonable standard of care to have a worker in proximity to any moving device. Knowing that a motor can start without warning means that the worker must positively know that the gate is disabled while they are working in the area. Personally failing to take precautions to assure that the motor controller is deactivated is the direct responsibility of the worker, and indirectly the responsibility of the property owner or the worker’s manager.
In a couple of these claims, the homeowner was found to be responsible, as the workers were directly employed by the homeowner. In the case of the plumber and the electrician, they were independent workers that were responsible for their own actions, and they were found to have contributed to the incident.
In other cases, severe injuries and even deaths have occurred when people were playing around moving gates and control mechanisms. People have become entangled when they have insinuated part of their bodies between fixed structures and moving gate control arms. Due to the required actions of the door controllers, it is essential to have anyone working in the area “lock out” and make certain that the door controller power is turned off prior to working near the gate and control arm. People have also been run over or dragged by a chain driven gate because the mechanism was not deactivated.
There are no requirements that mandate any fencing or caging to protect someone from a motor controller inadvertently starting, other than labels positioned on the motor controller cautioning people regarding potential movement of the mechanism and gate. In most cases, it is not possible to enclose a motor controller and gate arm to guard against an injury. The gate arm requires a certain path of travel to perform the job that moves the gate. Any restriction or coverage of the control arm would not protect someone if struck by the gate or if improperly positioned between the motor controller and adjacent area because the gate arm must freely move to convey the gate. There are certain types of injuries that occur as a result of poor judgement, inappropriate training or lack of adult supervision.