cownd:

1) If your contractor mobile equipment program involves the rental/lease of forklifts on your part, I recommend that you have your company lawyer add a clause to your rental/lease agreement similar to the following:

"The Arizona Department of Occupational Safety and Health (ADOSH) and the United States Occupational Safety and Health Administration (OSHA) require that any operator of this equipment be trained and certified in the safe operation of this equipment by the operator's employer in accordance with OSHA 1910.178(l) regulations prior to the operation of this equipment."

2) I recommend a copy of OSHA 1910.178 - Powered Industrial Trucks be a part of the rental/lease agreement and that the person signing the agreement sign an acknowledgment of such receipt.

3) I further recommend that any manufacturer's operator and or safety manuals for the specific equipment be a part of the lease/rental agreement and that the person signing the rental/lease agreement also sign an acknowledgment for their specific receipt.

4) I also recommend that your company lawyer create the wording for a decal/sticker that is applied to the equipment in a location conspicuous to the operator similar to the following:

"DO NOT USE THIS FORKLIFT until you have been trained and certified by your employer in the safe operation of this equipment in accordance with OSHA 1910.178(l) regulations."

I predict third party forklift operator wrongful death suits for lack of training are going to become very prevalent. Protect your employer from being sucked into such suits.

With this information I can now put together a program of checks and balances for our contractor mobile eqiupment program. thank you.

cownd:

Occupational Safety and Health in Arizona is regulated by the Arizona Division of Occupational Safety and Health (ADOSH).

Google: osha.gov/dcsp/osp/stateprogs/arizona.html

Arizona has currently adopted and enforces the federal OSHA standards at 29 CFR, parts 1910 (General Industry), 1926 (Construction) and 1928 (Agriculture). It also has some regulations unique to Arizona.

Google: azsos.gov/public_services/Title_20/20-05.htm#ARTICLE_6

The United States Occupational Health and Safety Administration (OSHA) has established a standard for Powered Industrial Trucks (OSHA 1910.178) which includes forklifts. It defines minimum training and certification requirements.

Google: OSHA 1910.178 Powered Industrial Trucks

The operator training requirements are covered under 1910.178(l).

The employer certification requirements are covered under 1910.178(l)(6): "Certification. The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l). The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation."

Unlike the United Kingdom and Australia which have "accredited training systems and requirements", the vast majority of the United States (including Arizona) merely require OSHA 1910.178 compliance.

To see if the employees have been certified by their employer you could request copies of their training and certification and compare it with the 1910.178 requirements.

Operator training will probably be lacking, especially in the following training requirements:

1910.178(l)(2)(iii): "All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence."

1910.178(l)(3)(i)(A): 'Operating instructions, warnings, and precautions for the types of truck the operator will be authorized to operate;"

1910.178(l)(3)(i)(M): "Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee is being trained to operate."

1910.178(l)(3)(ii): "Workplace-related topics:"

1910.178(l)(3)(ii)(A): "Surface conditions where the vehicle will be operated;"

1910.178(l)(3)(ii)(B): "Composition of loads to be carried and load stability;"

1910.178(l)(3)(ii)(C): "Load manipulation, stacking, and unstacking;"

1910.178(l)(3)(ii)(D): "Pedestrian traffic in areas where the vehicle will be operated;"

1910.178(l)(3)(ii)(E): "Narrow aisles and other restricted places where the vehicle will be operated;"

1910.178(l)(3)(ii)(F): "Hazardous (classified) locations where the vehicle will be operated;"

1910.178(l)(3)(ii)(G): "Ramps and other sloped surfaces that could affect the vehicle's stability;"

1910.178(l)(3)(ii)(H): "Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust;"

1910.178(l)(3)(ii)(I): "Other unique or potentially hazardous environmental conditions in the workplace that could affect safe operation."

1910.178(l)(3)(iii): "The requirements of this section." [OSHA 1910.178].

The only way to ensure proper training and certification is to have the employees in question and a representative member of their management, who has the authority to certify on their behalf, attend a training program put on by your company that covers all of the elements of training required by OSHA 1910.178.

Depending on the employer/employee relationship between your company and these employees, OSHA could hold your company accountable for their training and certification. OSHA could also hold your company responsible for their training and certification if you allow these employees to operate your equipment.

Google: Host employers may require site-specific forklift training of visiting workers.

Google: Host employers must assure forklift operators of visiting employers are trained.

if you are the "employer" then there is no "sure fire way" other than checking out the resource yourself. Who ever is the "employer" is whom is responsible for insuring the operator is qualified to operate the machine.
If they are employees of a contractor, have the contractor certify to their training and competence.
"Due diligence" sometimes is more complicated than checking boxes....

We have contractors on site that operate mobile equipment I need a legal sure fire way to tell if thier certification was obtained trhough an accredited resoruce.

I guess this depends on how you define "standard". Does the OSHA rule count as the standard? (29cfr1910.178) search at osha.gov
They "should" have a certificate, or be able to provide proof of one, and their current employer MUST have proof of their having been properly trained for that location and truck.
May I ask what it was that made you decide to ask that question?