Cargo safety is a cornerstone of operational risk management in industries like construction, transportation, general warehousing, and environmental logistics. When cargo is improperly secured or mishandled, it not only jeopardizes physical assets but also creates complex liability exposures. The Federal Motor Carrier Safety Regulations (FMCSRs) require drivers to inspect cargo before and during transit. If a crash occurs due to shifting or unsecured loads, legal responsibility can fall on the carrier, the driver, or the shipper, depending on who had the final authority or failed in their duty of care (Inspection of cargo, cargo securement devices and systems, 2024).

Legal liability often stems from failure to follow required inspection protocols. According to recent case law, a carrier may be liable for improperly loaded freight unless the defect was latent and not reasonably discoverable (Take a Load Off, 2023). Shippers, on the other hand, carry liability for mis declared or hidden defects, especially in maritime settings governed by the International Maritime Dangerous Goods (IMDG) Code.

Impact Across Key Industries

In construction and longshoring operations, unsecured cargo can cause catastrophic injuries. OSHA regulation 29 CFR §1918.83 mandates the blocking or bracing of stowed cargo to prevent displacement and injury during operations (Stowed cargo; tiering and breaking down, 2025). If employers or contractors fail to ensure these conditions, they can be held jointly liable under OSHA’s multi-employer citation policy.

Within the trucking industry, FMCSR violations related to load securement can lead to severe crashes and multimillion-dollar claims. The DOT mandates re-inspections after the first 50 miles, but compliance is uneven, particularly among small carriers or contractors with limited training resources (Transportation Safety: OSHA Regulations and the Scope of Liability, 2022).

For general industry and warehousing, the failure to identify stacking and securement risks during worksite analysis has led to serious workplace injuries. These events can also trigger enforcement actions if they involve hazardous substances. The Hazardous Materials Transportation Act (HMTA) authorizes the U.S. Department of Transportation to regulate all phases of hazardous materials transport and assigns clear liability to individuals and organizations responsible for packaging, labeling, offering, and transporting such materials (Pipeline and Hazardous Materials Safety Administration, 2021).

Preventing Liability Through Proactive Safety Programs

Effective safety programs grounded in OSHA and DOT guidance reduce liability exposure and protect workers. Training in load securement, manifest verification, and hazard recognition is a foundational requirement under both FMCSA and OSHA standards. Organizations must develop and enforce cargo inspection protocols to mitigate risks before they escalate.

Worksite analysis is essential for identifying cargo handling vulnerabilities, whether in a shipyard, distribution center, or on a truck route. Management commitment is critical when leadership demonstrates a visible commitment to safety and encourages employee reporting without retaliation, the likelihood of catastrophic failure and liability significantly decreases.

How Key Safety LLC Supports Your Risk Management

Key Safety LLC offers specialized document development for start-up and ongoing cargo safety programs, including customized checklists, SOPs, and hazard assessments. With our service on demand, clients gain access to immediate consultation for incident response, DOT audits, or training gaps. Our regular consultation service ensures your workforce is trained, your processes are current, and your liability risk is minimized through expert guidance aligned with OSHA, DOT, FRA, and EPA expectations.

References

Evidence Solutions. (2022). Transportation safety, OSHA regulations, and the scope of liability. https://evidencesolutions.com/commercial-trucking-articles/transportation-safety-osha-regulations-and-the-scope-of-liability

Standard for Inspection of cargo, cargo securement devices and systems CFR 49 § 392.9 (n.d.)https://www.ecfr.gov/current/title-49/section-392.9

Standard for Stowed cargo; tiering and breaking down. 29 CFR §1918.83 (2025) https://www.osha.gov/laws-regs/regulations/standardnumber/1918/1918.83

Pipeline and Hazardous Materials Safety Administration. (2021). Federal hazmat law: An overview of federal laws for hazardous materials transportation. U.S. Department of Transportation. https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2021-09/Hazmat%20Law%20Overview_September-2021_0.pdf

USLAW Network. (2023). Take a load off: The liability for improper load securement. https://www.uslaw.org/pdf-resources/take-a-load-off-the-liability-for-improper-load-securement/