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The primary responsibility for employee health and safety, including safeguards for the hazards of products of combustion, rests with the employer using the forklift.

Under the U.S. OSH Act "General Duty Clause", SEC. 5. Duties (a). "Each employer - (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act."

The scientific community has long recognized the hazards of internal combustion engine exhaust emissions. Exposure limits have been established by OSHA for many of these exposures, including carbon monoxide, and can be found in OSHA 1910.1000 - Air Contaminants.

OSHA 1910.1200 - Hazard Communication is another standard that requires employers to train employees on the hazards and safeguards of the chemicals and mixtures to which they are or may be exposed.

1910.1200(b) "Scope and application." 1910.1200(b)(1)."This section requires...all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training."

Such hazardous chemicals would include internal combustion engine fuels such as bio-diesel, compressed natural gas, diesel fuel, ethanol, gasoline, liquefied natural gas, liquefied propane gas, and methanol.

OSHA Part 1910.178 requires that forklift operators be trained. 1910.178(l)(3). Training program content. "Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to safe operation of the truck in the employer's workplace. 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;"

The ANSI/ITSDF publication B56.1-2005, Safety Standard for Low Lift and High Lift Trucks, also establishes employer responsibility for training in this area: ITSDF B56.1-2005, 4.19. Operator Training 4.19.4." The training program shall emphasize safe and proper operation to avoid injury to the operator and others and prevent property damage, and shall cover the following areas: (13) hazards due to production of carbon monoxide by internal combustion engines and common initial symptoms of exposure."

ITSDF B56.1-2005 5, OPERATING SAFETY RULES AND PRACTICES 5.2.25. "The exhaust from all internal combustion engines contain carbon monoxide, a colorless, odorless, tasteless, poisonous gas. Exposure to carbon monoxide can cause serious injury or health problems, including death. (a) Carbon monoxide can become concentrated in areas such as trailers, containers, coolers, freezers, and poorly ventilated rooms or buildings. Therefore, limit internal combustion engine usage in those areas. (b) Common symptoms of carbon monoxide exposure may include headache, dizziness, and nausea. The smell of internal combustion engine exhaust means carbon monoxide could be present. (c) If an operator experiences these symptoms, move him into fresh air, seek medical attention as required, and contact your employer so he can monitor "threshold limit values." (Consideration should be given to shutting off the operator's internal combustion engine.)"