REGULATORY

Questions regarding new forklift regulations answered by OSHA

Q: What would you say is the major change from the current regulations in the proposed regulations?

A: The major change is that any new employee whose job will entail operating a lift truct must receive through training before ever stepping foot on the truck. OSHA is also now requiring training that includes specific subjects, evaluations and retraining when necessary.

Q: What kind of things will an OSHA inspector look for when he arrives on-site for an inspection regarding compliance with the lift truck training standard? Specifically, what kind of documentation will the inspector ask to see to verify training?

A: An inspector will look at the operation as a whole. If there has been an incident involving a forklift, or if he views improper operation while he is there, he will ask the operators about the training they received. He will try to corroborate each operator's response by interviewing other operators. He will likely ask to see how the employer keeps track of what training each employee receives. Tracking through the computer is sufficient; however, being able to show employee signatures, trainer's signature, and date of training is best.

Q: When OSHA says that a designated person conducting training must be certified to do so, what is OSHA's intention? What kind of certification would beet OSHA's new criteria?

A: OSHA tried to come up with a formula that would signify what kind of person should be "designated" based on a combination of skill, experience, and ability to train other adults. No formula exists. OSHA will evaluate whether a designated person is qualified by the end product:

     1) Does the person get the appropriate information out to help operators do the job safely?
     2) Do the operators do the job safely?

Q: What would you suggest that employers use to "certify" their periodic evaluations and refresher or remedial training?

A: A supervisor may put together a roster of all of the operators at a particular location. At least once a year, the supervisor can consciously evaluate the operating performance of a driver and mark a + or - sign on that date, indicating adequate and safe performance or that the supervisor corrected the employee on some aspect of his/her performance. If a minus is indicated, the supervisor could not what retraining or correction occurred. This is just one example.

Q: Is training course material required to be maintained for each employee completing the training?

A: OSHA would like to see one copy of the training material used on-site and some documentation on which employees have been trained and on what dates.

Q: What kind of fines can employers incur if OSHA deterrmines that they are not in compliance with the final lift truck regulation?

A: First of all, please remember that the actual cost of an accident with an injury, even a minor one, could easily be $300,000-$500,000. This is considering the potential harm to a worker, hiring a replacement, lost production, replacing equipment, workerman's compensation, insurance premiuns, and if there is a death, possibley having to shut down for employees to attend a funeral. A fatality could cost as much as several million dollars. To answer your question about OSHA fines, in the even of an accident OSHA would evaluate the possibility of death or serious hard. If the violation is deemed worthy of a "serious" citation, the fine could be up to $7,000 per item. Any single incident could generate several citations. OSHA would then factor in mitigating circumstances such as the company's size, history, and evidence of good faith to give any reduction. Evidence of willful or repeat violations would incur a $70,000 fine. An "other than serious" citation, which might be failing to maintain the certification of each operator's training, could be between $1,000 and $7,000. OSHA almost always considers lack of training a most serious issue.

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