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Safety, training & legislation

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Product Liability

Number of messages: 34
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Al_S
Alberta, Canada

Proper forklift safety training is now law in all states and most provinces.

After recieving proper forklift safety training it is the legal responsibility of the operator to drive in a consistantly safe manner and obey all safety rules set in place by the employer. Not to do so could be proven as negligence on the part of the forklift operator.

After giving proper forklift safety training to the operators it is the responsibility of the employer to monitor the forklift operators and enforce the safe operation of the company forklifts.

The employer must prove due diligence on his part if there is ever a fatality.

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Alberta Forklift Safety Council Serious about safety!

Posted 31 Jul 2004 02:45 PM

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Al_S
Alberta, Canada

Hi Wayne C,

Alberta's new OHS Code became mandatory April 30/2004

Follow Link: http://www3.gov.ab.ca/hre/whs/law/ohs.asp#ohsact

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Alberta Forklift Safety Council Serious about safety!

Posted 2 Aug 2004 01:37 PM

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Panthertrainer
Ohio, United States

Before staring my own forklift safety and training company I worked for a forklift dealer and we were sued many times, along with the manufacturer. In several cases we had not seen or serviced the unit in months or years and the unit was many years old. Both entities were dragged in because of deep pockets and who the lawyers thought they might get money out of. I have been contacted recently by lawyers wanting me to be an expert witness in a fatal accident where an operator and company made some very bad decisions that resulted in the operators death. Although unfortunate, the manufacturer had nothing to do with the accident but was sued. The lawyer was making the arguement that the lift should not be able to physically lift more than the capacity and that all lifts should have had scales installed! I would not help them since I felt the manufacturer was not at fault and that the deceased and his employer were the cause of the accident. I think the new standards in the US will allow manufacturers a chance to better defend themselves since they may be able to prove the proper training was not given, pre shift inspections were not done or the proper maintenance was not completed. I have seen very few true manufacturing defects that have resulted in injury or death.

Posted 27 Aug 2004 07:15 AM

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garry_p
New Brunswick, Canada

The original question has led to responses that are I believe are more directly aimed at where the problem lies - the end user.
Sure, we all know that lift truck operators must receive "adequate" safety training & instruction; employers must provide safety training, instruction, experience and supervision;  lift trucks must be inspected at the start of each shift and must be maintained in safe working order.
No one has the ultimate answer to reduce injuries or fatalities, but I do believe in one fundamental key - the hands-on supervisors, lead hands or foremen (women).  They must be able to recognize an unsafe use of a lift truck and if they are aware, they must take immediate action to stop this unsafe use.
We can look at any lift truck injury or fatality and probably draw a conclusion that the operator was doing something wrong.  We can probably agree that this was a habit the driver has been doing many times - many years and the supervisor is aware of it and did nothing to stop this unsafe use.
How many times have we, the privately owned consultants and trainers done a safety course for an employer and the supervisors haven't even sat in?  They're "too busy" or "I'm not driving the truck, I don't have to take the course."
A supervisor must be competent to do their job and that means training.  My proposals clearly state it's imperative that the hands-on supervisors sit in on my course - at no charge, but few rarely do.  If a supervisor hasn't taken a lift truck safety course, he/she is not competent to do their job and how can they recognize all the unsafe acts on a lift truck.
Yes, an operator is ultimately responsible, but that's why we call people "supervisors"; to supervise the employees.
Operators tend to take short-cuts and become complacent:  they need effective supervision.
I think enforcement regulators need to look at lift truck accidents in more depth and if an operator was operating a lift truck in an unsafe manner and it can be proven he/she has been doing that before, then someone on the employer side of things needs to be charged for not having due diligence and enforcing safe use of a lift truck.
Ask the manager/owner if they've properly trained their supervisors on the safe use of a lift truck.  If they can't prove they have, then it's senior management that can be charged for not having a competent supervisor.
Supervisors that tell an operator to speed up to get the job done or do something in an unsafe manner because it's "quicker" need to understand their legal liabilities.  They can be held responsible along with the driver.
In Canada, we had bill C-45 come into effect this year and while I'm not a lawyer (they're still trying to figure out the full ramifications); in layman's terms, my understanding is:  if an employer is aware of an unsafe condition or action of their employees, fails to reduce the risk and blatently ignores the unsafe condition or act and an injury or fatality occurs:  they could be charged under the criminal code of Canada "criminal negligence" and in the worst case senerio, could get life in jail!
All employees too must share some of this responsibility:  if they see someone driving a lift truck in an unsafe manner, they should report it to their supervisor.  If they don't, they too can be partially responsible for the injury/fatality.
Sorry for "rattling on" on this subject, but I feel this is the most important key in reducing workplace accidents relative to lift trucks.
How about the statement:  25% of lift truck accidents are a direct result of a hazard in the workplace that (a) has not been identified or (b) no action was taken to reduce the risk?

Posted 7 Nov 2004 09:58 PM

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ted_j
Ontario, Canada

The most common problem in material handling operatiing facilities is unknown fact about the "weight of the load" being moved, stacked, retrived, etc. The majority of goods handeled do not have load weight marked.
It is always the operator fault when accidents occures. The first thing asked is have you checked the forklift name plate for the maximum load that that particular vehicle can lift. The industry should wake up, stop blaiming the operator's and do something about it.
Solution
It's very simple. Would you drive your car without speedometer. Well, the same applies here. Should you drive / operate the forklift without .....deleted by Admin ..... indicator?

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Forklift overload problems: Would you drive your car without speedometer ?

Modified 31 Jan 2005 06:28 AM
by administrator.

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vic_k
Ayrshire, United Kingdom

Have been following the discussion on this topic with great interest.  Having been involved with lift trucks for more than 30 years,  instead of seeing improvements in relation to the safe use of forklift trucks, it is my opinion that the general situation is actually getting worse.  Gone are the days when operators took pride in their equipment, the hurry up mentality prevails to the extent that loads are being moved often at breakneck speeds with little consideration of potential consequences.

Maintenance is a necessary evil which is often limited by the financial constraints as opposed to following manufacturer's recommendations.

It is the employers responsibility to ensure the safety of their employees.  Risk assessments should be performed and action taken where potential accidents might occur.

Operators should be selected and trained not only in the safe operation but also in how to perform pre-shift checks and recognise potential problems.

Supervisors should be trained to recognise and understand safe operation and support the maintenance regime.

Management must support and enforce these practices and ensure that equipment is operated safely and maintained properly by trained and qualified personnel.

Fact is, there is no specific legal requirement that can be enforced by authorities which encompasses all of these aspects. Anyone can drive a forklift, anyone can fix a forklift, preventative maintenance is too costly - fix it when it breaks.  I welcome the increasing interest paid by Insurance companies as to what actually goes on on site.

It is a  to our shame that this situation is allowed to continue with only the legal profession making profit from injury caused to workers exposed to such situations.  I sympathise with any forklift operator who refuses to drive faster when told to hurry up.

Surely it is time that an overall code of practice is developed nby industry experts and enforced by the powers that be.

Posted 25 Nov 2004 08:05 PM

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brian_c
Pennsylvania, United States

Workers Comp is the employee's sole legal remedy with the employer, unless a case of gross negligence can be proven. That is a heavy burden to prove in court. I once testified (for the employer) in a fatality case, where the widow charged the employer was negligent. She lost.

Nothing can stop the plaintiff from naming manufacturer, distributor, service provider, even trainer in a suit charging some form of negligence. It doesn't matter if you're right, you must still defend, and it costs you dearly. Each time it happens it results in "loss history" which is recorded and tracked by liability insurance providers, coverage becomes scarce, and your rates soar. The lift truck industry gets slammed.

Safety and training regulation has little affect on our industry's liability issues.

BTW, load scales is a silly idea. How will they account for increased load center? You don't need a lot of weight to "overload" a truck when the weight is extended beyond the rated load center. The operator must be educated in these matters and act accordingly. Freight on a common pallet (48"x40") rarely weighs more than "max load weight". How many 48"x40" pallets have you seen that weigh 3000#? Yes, I know pallet weights are not labeled, but a little homework will get you an estimate. There is a lot more to "capacity" than weight. Operators must be educated.

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Nothing is idiot-proof to a motivated idiot.

Modified 10 Dec 2004 01:16 PM
by poster.

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thomas_r
Ohio, United States

It certainly is true that over "capacity" loads (meaning both load weight and load center-of-gravity as placed on the load carriers (X,Y, and Z) cointribute to accidents.

It is also true that the operator has no practical way of determining all of these values and whether they are within the operation limits of the lift truck.

It is also true that it wouldn't involve much additional cost to measure the forces on the rear axle (wheels) and provide a definite indication to the operator (say a warning light) that there are "capacity" issues with the load being carried rather than a feeling in the seat of his pants as is the case without the aformentioned feature.

Safety obviously is in the hands of the operator but I think we should give him everything necessary to operate safely.

Posted 27 Jan 2005 11:48 PM

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mast1
Ohio, United States

As said in many of the replies,I think that it is a must that supervisors or people with authority get involved in the powered industrial truck training. They must understand and govern the rules and safety issues that are taught to the lift truck operators. It is also important that everyone understands that operator restraint has a lot more to do with just seat belts, tethers,and such. It is equally important that people who do not operate but work in close proximity to lift trucks understand the hazards of the lift truck. If you truly want a safe working enviroment everybody must get involved.

Posted 4 Feb 2005 04:49 AM

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