Injured in a jet tank, but employee doesn’t break the bank

An employee of a subcontractor for an engineering company fell off a ladder at the San Francisco International Airport while in the process of inspecting a jet fuel tank. What steps must the employee take to hold the engineering company liable for his injury?

Who was responsible for the loose ladder?

In 2017, Burns & McDonnell Engineering Company Inc. was the general contractor for a fuel systems improvement project at San Francisco International Airport. Burns hired HMT as a subcontractor to replace the floor of a jet fuel tank. HMT, in turn, retained Team Industrial Services, Inc. as an independent contractor to inspect HMT’s welding. Eugene Bowen worked for Team and was tasked with taking radiographic images of the welding work HMT had performed on the jet fuel tank.

Team’s contract with HMT required it to “furnish all material, equipment and labor necessary to perform the work.” HMT didn’t control any of the methods or means by which Team did its work. Because of the potential radiation exposure, only Bowen and designated Team employees were allowed in the jet fuel tank while Bowen was working.

In February 2017, Bowen worked inside the jet fuel tank to capture images of the wall sheets to examine the door welds. Another Team employee, Tom Polkinghorn, worked on the outside of the tank. Before Bowen entering the tank, he and Polkinghorn were each supposed to inspect the tank’s exterior and list any dangers. Bowen was supposed to inspect the interior of the tank and sign and initial a document saying he did so.