Is the Right-of-Way Wrong?

Rob Vetter -
Safety First
- 11 Oct 2007 ( #331 )
3 min read
Rob Vetter is technical director and managing partner with the Ives Training Group, in Blaine, WA, USA, a leader in North American mobile equipment training systems since 1981.
Trainers are often tasked with keeping a training session interesting by encouraging group discussion. To do this, it's good to bring up "hot button" topics that people feel strongly about and react accordingly.

One of my favourite hot buttons is the right-of-way issue. It can be an entertaining and occasionally frightening topic to broach. It's often like pulling the pin on a grenade and tossing it into the centre of the room: reactions are guaranteed and virtually instant!

Most people relate to both sides of the issue here because most of us have been a vehicle (like a car) operator and a pedestrian. When we drive our cars - or forklifts as the case may be - we cannot understand how those darn pedestrians can be so careless as to not understand the issues we are dealing with as operators. Of course, when we are pedestrians, we cannot fathom the incompetence of an operator who is not mindful of us.

Many industrial operations I have been to come down on the equipment "side" of things in that they award the right-of way to the equipment, using the rationale that operators have visibility, load handling and braking issues to deal with, and the last thing they need is to be worried about when a pedestrian will appear or what they may do. However, on the legal liability side of things, the law courts typically come down on the pedestrians' side in their precedent-setting belief that life always takes right-of-way over machinery.

Personally, I don't like the idea of either operators or pedestrians believing that they have the uncontestable right-of-way and, as such, attempt to instill a more co-operative frame of mind in both.

To operators, I say that they are required to be in control of the equipment at all times and operate in such a way as to offer maximum visibility (load trailing, wherever possible) and to stop safely under all conditions; conditions that include pedestrian heavy areas. If push comes to shove, even though company policy may favour operators, the law courts usually don't and if they hit someone, the law will be there, usually in the form of a hefty compensation claim.

To pedestrians, I say that although the law is usually on their side, if a collision occurs, your family may win a lawsuit and be able to afford to plant you in a nice oak box instead of the standard pine one. Congratulations!

The fact of the matter is that we all need to look out for each other and try to respect what the other is dealing with and, of course, communication between operators and pedestrians is vital.

Eye contact and acknowledgement, hand signals or gestures are a good start. High-visibility clothing, clearly identifiable walkways, signage and mirrors all have their place and contribute to managing risk.

Finally, winning the hearts and minds of the people involved in such a way that attitude and behaviour are favourably influenced is paramount because policy and procedure can do nothing without people to make them work.
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