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.