cjm8232:

I am retired from the occupational safety and health field after 40 years of public and private sector experience. I have worked in two federal OSHA program states and in two state plan OSHA program states. ! cut my OSHA teeth on the original 1970 OSHA federal regulations when they were first introduced nationwide.

Federal OSHA interpretations and state plan OSHA interpretations are fairly consistent with the following statement given in Question/Answer 4 of the OSHA Standards Interpretations, 09/30/1999 - Forklifts in construction: elevating personnel and operator training:

"Question (4): You mention that the American Society of Mechanical Engineers (ASME) B56.6-1992, Safety Standard for Rough Terrain Forklift Trucks, contains provisions (section 5.15 and 8.25) for controls located at the elevated platform level. Under B56.6-1992, rough terrain forklift trucks may only be used as an elevated work platform if there are no other "practical options" available. You ask us to explain the kind of efforts an employer must make before concluding that there are no other practical options.

Answer: Our standard incorporates the ANSI B56.1 - 1969 standard, not the ASME B56.6-1992 standard that you reference. Before using a rough terrain forklift truck as a work platform, the employer would normally have to consider the feasibility of equipment such as scaffolds, scissor lifts, aerial lifts and ladders. Only after determining that alternatives such as these were infeasible would the use of the forklift be permitted.

The kinds of efforts required of a contractor to determine that there are no other practical options would be those necessary to make an informed judgment about whether equipment such as scaffolds, scissor lifts, aerial lifts and ladders could be used."

All U.S. OSHA programs (state or federal) also have a General Duty Clause in the act which created the program. The General Duty Clause requires employers to protect their employees from all "recognized hazards" and not only the regulations promulgated by the OSHA program. An employer can be cited by any U.S. OSHA program for a violation of a mandatory worded (will, must, shall, etc.) portion of a U.S. national consensus standard or recognized body consensus.

The General Duty Clause also gives lawyers ammunition in lawsuits even if the OSHA program does not cite. The lawyers merely have to prove to a jury that a "recognized safety hazard" existed and that the employer failed to provide adequate employee protection.

ANSI/ITSDF B56.6 (2005), Safety Standard for Rough Terrain Forklift Trucks, 5.15 Elevating Personnel is very definitive. Rule 5.15.1 "A rough terrain forklift truck shall not be used to lift people unless there is no other practical option."

Canadian Standard Association (CSA) B335-04, Safety standard for lift trucks, 4.9.9, Elevating Personnel is also definitive. Rule 4.9.9.1: "A rough terrain forklift truck shall not be used to lift personnel unless there is no other practical option."

American Equipment Manufacturers (AEM) Best Practices 3/08 also refers to "no other practical option available".

I interpret "no other practical option" as an emergency breakdown situation which requires immediate corrective action to minimize further property damage or danger to personnel, the environment, etc.

Routine tasks, tasks which are or should have been part of a planned work activity, tasks that do not require immediate corrective action, tasks merely for convenience, or tasks to reduce costs (do not want to rent or purchases approved aerial work device) are not exceptions for which there is no other practical option.

Forklifts (rough terrain or otherwise) are designed to handle material. If there is a system failure, it is usually material that is damaged. Aerial work platforms are designed to lift people. They have more redundant safety systems in case of system failure.

My position is the safest device is always<