rick c:

The dealer probably could not be cited by OSHA for such a violation. It could trigger, however, an OSHA inspection of the dealer's facilities. Such activity by the dealer always leaves the possibility of civil action by the employer who may be cited.

Where the "safe operation" starts and stops is a gray area. When in doubt go with the manufacturer's written authorization.

Using a certified welder may not be sufficient. Can the welder determine how much of a weld is necessary for the maximum forces that could be imposed on the load backrest extension? Do the bolts you use as replacement meet the tensile strength set by the manufacturer? Are the bolts cheap knock-offs? These are the questions that must be asked where life or death is involved.

One of the concepts of risk management is to pass the risk on to others where possible. In your case it may cause some delay and extra cost at the time. It will most likely, however, save you a bundle in the long run.

thank you joseph, i really appreciate your response. i interpreted the rule the same way but it is a little vague about "improvements" that do not actually change the capacity or safety systems ie: original bolts in place on an lbr and additionally a weld performed by a certified welder, the only sticking point is that the customer made these mod's. we occaisonally do this as part of the make ready when requested but we are a dealer. this situation has come up very recently and osha cited the customer. it's being appealed. (they love that) what's your personal opinion on this subject?

rick c:

For an official interpretation you would have to contact federal OSHA @ 1-800-321-OSHA (6742) Toll Free U.S.; or go to osha.gov on the internet and click on contact us. Go to "Do You Have Workplace Safety & Health Related Questions?:" and click on the e-mail or electronic mail form to submit your question.

My interpretation is as follows:

The U.S. OSHA regulations do not differentiate between a fixed or removable load backrest extension:

OSHA 1910.178(m)(10): "A load backrest extension shall be used whenever necessary to minimize the possibility of the load or part of it from falling rearward."

There should not be any problem if the load backrest extension comes fixed by the manufacturer. If the employer has the removable load backrest extension welded, the employer could be in violation unless the employer has the manufacturer's prior written approval.

OSHA 1910.178(a)(4): "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."

If the load backrest extension is not properly welded, the welds could break causing the load backrest extension and or load to fall on the operator which would affect safe operation. It should be noted that a falling object protection structure (FOPS) on a forklift does not provide full impact protection to the operator.

OSHA 1910.178(m)(9): "An overhead guard shall be used as protection against falling objects. It should be noted that an overhead guard is intended to offer protection from the impact of small packages, boxes, bagged material, etc., representative of the job application, but not to withstand the impact of a falling capacity load."