A little help please, if nothing other than to ease my mind.
A facilitites manager is supervising the removal of some large equipment at our facility. A rigging company is contracted by the company who is removing/ dismantling/ purchasing the equipment.
The rigging company rents forklifts to remove the machinery. In their process, they invert the forks and put extensions on them to lift another forklift onto a platform (having a heart attack yet?).
The riggers are now using the inverted forklift forks as a hoist to lift another forklift and lift the heavy machine parts as it is disassembled.
As a safety representative, I stepped in and stopped the operation. I received several calls and texts from employees as to unsafe practice. I had no previous knowledge that this was even happening and work in another location but manage 3 buildings.
The facilities manager continues on with activities and blows off my recommendation that proper equipment be used as the forklift regulations (U.S. 29CFR1910.178) do not support this add lib use of the equipment.
I am requesting a review of the unsafe practice by the company ownership. The facilities manager just "blew off" my suggestions to use the equipment properly.
Am I off base on the safe use of a forklift for this at all based on the regulations?
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Andrew,
thank you for the input The insurance coverage was adequate from the outside contractor. The downside is that they were being coached and helped by the facilities manager for my company!
I was merely a speed bump who knew nothing about "rigging"....as if rigging had some regulatory aspect that throws out all the rules of forklift safety. My insurance company did receive a call and was asked to interpret the forklift regulation. Interesting conversation....Thank you again.
MEngr: thank you for your input at well.
Just not a good day for a safety professional who is trying to keep people alive, keep people employed (the fines would have shut us down) and go home at the end of the day knowing that no one was hurt.
Thanks again to all.
Sorry, I was interrupted yesterday before I could finish my thought on insurance.By using the insurance angle you are taking yourself out of the fight and introducing a third party.Very useful sometimes so it does not become an internal fight that brands you as a troublemaker. If you take Mengr's prior advice on photo's and documentation and ask for their insurance company to sign off on this activity then I am sure it will stop.
Sorry, I was interrupted yesterday before I could finish my thought on insurance.By using the insurance angle you are taking yourself out of the fight and introducing a third party.Very useful sometimes so it does not become an internal fight that brands you as a troublemaker. If you take Mengr's prior advice on photo's and documentation and ask for their insurance company to sign off on this activity then I am sure it will stop.
Markinabox;
The way you have described this incident is informing me that the end user has modified the rental forklift, and does he have a written authorization from the equipment manufacturer for approval to do this and to use the extensions. The regulation is as follows: "Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags or decals shall be changed accordingly."
At this point to remove some of the liabilty, put your concern in documented form along with photos addressed to all parties concerned to protect your employer. You also have a choice to logging a complaint with the Under Secretary of Labor for your district.
Do you have a certificate from their inurance company naming you as additional insured? Is there inurance company a reputable outfit and are the limits of liability adequate and checked out by your insurance advisor? The work they were doing in the manner they were doing it is insane.Osha would spend all day their writing tickets and it would blowback on your company.You sound like the only one with some sense.
We had a customer who put the forks on a S7.00XL Hyster to give him extra clearance to move an injection moulding machine on a fork mounted crane jib in a low ceiling area. They lifted the £150.000 machine over the top of another £150.000 machine when the fork bottom (or top as it then was) hook snapped off and smashed both machines to pieces!! A very costly accident!!!
Thank you John!
...sometimes working with supervisors and managers who don't know that they are the first line of defense for employees and the first ones thrown into jail is hard to understand.....
Thank you for the help and response...to all!
Markinabox -
The following article from RSI Insurance Brokers may also be of interest:
Google:
9_09_IndependentContractors KNOW YOUR RISKS - WORK SAFELY WITH INDEPENDENT CONTRACTORS
Markinabox -
You were right (and legally obligated) to stop the operation. Your employer is liable for the safe forklift operation at their sites even if performed by contractors. If your owners believe in safety, they should fire the facilities manager who is not looking out for their best interest.
Below is a paragraph from an OSHA interpretation letter dated 04/06/1999.
Thus, if the unsafe operation of powered industrial trucks could endanger your client's employees, your client would be obligated to prevent such danger by satisfying itself that powered industrial truck operators have been properly trained. Moreover, your client also generally would be responsible for the overall safety and health conditions on the work site for the benefit of all employees. Indeed, as your client would likely concede, its warehouse is a safer place for all employees to work, if all persons are required to receive appropriate training before they are allowed to operate powered industrial trucks. This does not mean that your client is required to train powered industrial truck drivers who are not its employees. It must, however, ensure that such individuals have been trained in accordance with the provisions of the standard before they are permitted to operate powered industrial trucks at its warehouse.
Google:
04/06/1999 - Host employers must assure forklift operators... OSHA
(or)
osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22721
TheBirdman,
Let see, I can think of 5 safety related issues when using the forks inverted on the carriage" 1.) the fork locking notches are on the top carriage bar & none on the bottom bar. 2.) Secondly, the fork taper (approx. 1/3 of the length of the fork & greater with FT&P forks) is on the load supporting side - can affect load stability 3.) you will notice that many "quality" forks have an extra thickness of metal at the 90" bend, generally on the back side, so that when a load is on the forks it applies a compression force in this area (this is good). But when the forks is inverted the loading forces want to rip or bend this area not good.4.) since the vertical portion of the forks & carriage bars serve as a load backrest by inverting the forks one has no load backrest therefore the load has a much greater opportunity to fall on the operator 5.) I don't believe you will find one lift truck & or attachment manufacturer that would say it is OK use standard pallet forks in the inverted position - even in case of an "emergency".
Markinabox,
no you were NOT out of line by stopping that operation.
You may have prevented a disaster with possible death from injuries due to thier incapacity to realize the danger they were creating by using the machine in such a manner. As for your boss blowing that off? He should be drawn and quarterd and have his nuts cut off by letting them to this. Trying to save a buck is a very poor excuse to put people in harms way like that... {sighs}
Even if the rigging company did have insurance your company could still suffer from the accident(if it had happened) due to not doing anything about it knowing it was going on.
Not to mention if OSHA had just happened by and seen that going on? I guess i dont have to mention the consequences that would come about if they get involved, they love BIG fines :)
Keep up the good work, save lives, stay healthy & safe :)
Sorry I have to chime in. If what he is describing as inverting the forks is what I think, I believe I have seen that done in an emergency situation. (only) I know an ol' boy once that had a Yale with a 188" triple who had a pallet to take down that was about 194" up. In his case, some fast thinkin' guy decided to turn the forks upside down to get the pallet down. So, IMO I think the strength of the fork would be the same but I am certainly not an engineer------
The rigging company does have liability. I always request insurance information and licensing (which has not been produced) before the projects begin.
Supposedly they do have licensing, but I have to question the methods of training as they can't even comply with basic driver training which is quickly revealed in their use of the forklifts.
Thank you.
Does the rigging company have any kind of liability insurance?
It sounds a right dodgy operation if thats how they think forklifts can be used.
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