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Forklifts don't have to kill

October 16, 2008

Watch the evening news on any given night and chances are good you’ll see reports of highway carnage. I’m not talking about fender benders, but real, bloody, ugly wrecks. These reports usually conclude with “The victims were not wearing seat belts.”

The industrial world is not without its own version of “if it bleeds it leads.” Just take a look at some of the accident summaries compiled by federal OSHA. Here are a few:

“FORKLIFT TIPOVER: While an employee was operating a forklift, the forklift tipped over while the operator was apparently making a sharp turn at excessive speed. No seat belt was installed and when employee fell from the seat he was crushed by the rollover bar.”

“FORKLIFT TIPOVER: An employee was driving an unloaded forklift down a ramp with a 13% slope when the forklift started to tip over. The operator attempted to jump clear and the ROP of the forklift landed on him and killed him. The employee was not wearing the supplied seatbelt.”

“FORKLIFT TIPOVER: The victim/operator drove a forklift down a ramp rapidly and appeared to be attempting to make a sharp left turn. The forklift overturned. Apparently, the employee was unaccustomed to the quickness and sharp turning radius of the new forklift. The victim was not wearing the provided seatbelt. The driver/victim was dislodged from the seat and his head was caught under the overhead protective cage.”

Most of us know by now that just as it’s foolhardy to drink and drive, it’s equally foolish to get behind the wheel of any vehicle—industrial or highway—without buckling up. That hasn’t restrained the American Trucking Associations, Inc. (“ATA”) from petitioning California OSHA to rescind its proposal to require the use of seat belts/operator restraint systems when provided on lift trucks.

ATA’s argument is that restraints reduce efficiency, they won’t always be used by operators, and that they might cause ergonomic problems and reduce visibility (because operators are constantly turning around to drive backward). ATA has even argued that Cal-OSHA might simultaneously require operators to use operator restraints and then cite them for violating California’s ergonomics standard when they do so. Talk about a Catch-22!

OSHA’s position on restraints is clear. Employers are obligated to require operators of powered industrial trucks which are equipped with operator restraint devices or seat belts to use the devices. OSHA’s Inspection Guide for Forklift Operators puts it quite well:

“Seat belts in forklift trucks are a component part of an operator restraint system that is designed to reduce the incidence and severity of injuries to the operator in the event of a tipover accident. Forklift trucks are particularly susceptible to tipovers. Failure to wear the seat belt that is provided in the forklift increases the risk of injury to the operator in the event of such an accident.”

That’s why earlier this year OSHA cited an employer $70,000 for failing to instruct its employees in the use of operator restraints. Bottom line when it comes to operator restraints in lift trucks: if you got ‘em, use ‘em.

 

Posted by Tom Andel on October 16, 2008 | Comments (6)

March 12, 2009
In response to: Forklifts don't have to kill
Hector Cartagena commented:

www.dir.ca.gov/oshsb/oshsb.html Cal/Osha has issued a ruling as of 03/15/09 that a seat beat must be worn.


November 12, 2008
In response to: Forklifts don't have to kill
JND commented:

I agree with use of seat belts. I have been trainig operators for more then 18 yrs and the Ontarion ( Canada ) Requlations say if it has one ( seat belt )you must wear it. In our facility we have had one incident where an operator on a small counterbalance truck hit a pillar and was thrown to off the truck. He suffered a broken arm and bruised shoulder. Missed 8 weeks of work. if he had been wearing it ( and watched where he was going ) he probably would not have been injured.


October 20, 2008
In response to: Forklifts don't have to kill
Manisha P. commented:

Blog updated


October 20, 2008
In response to: Forklifts don't have to kill
Bob Jasinski commented:

I am a safety consultant that specializes in powered industrial trucks and I provide litigation support as an expert witness in forklift injury cases. Neither FedOSHA or CalOSHA have a regulation that requires seat belt use on forklifts, with the only exception being that of Class 7 (rough terrain) types in California. Having said that, FedOSHA issued a Letter of Interpretation on 10-9-1996 that states "employers are obligated to require operators of powered industrial trucks which are equipped with operator restraint devices, or seat belts, to use the devices. OSHA should enforce the use of such devices under Section 5(a)(1) of the OSH Act". Section 5(a)(1) is a "catch all" that requires employers to provide a safe workplace and allows enforcement when there isn't a specific regulation to cite. CalOSHA has NOT accepted the 10-6-1996 Federal Letter of Interpretation for seat belt use within their jurisdiction. While CalOSHA strongly encourages the use of seat belts on forklifts, they currently do not cite for non-use as they do not have a regulation in place to use for issuing a citation. CalOSHA is currently considering requiring seat belt use on Class 1-6 trucks, in addition to the already existing requirement on Class 7 types. States that have their own OSHA program have a certain amount of autonomy from FedOSHA, of which this is an example. As you have mentioned, the ATA is lobbying to prevent the change in the law here in California. Bob Jasinski rpjasin@pacbell.net 925-838-8859 www.liftsafe.com


October 17, 2008
In response to: Forklifts don't have to kill
Craig commented:

ANCEDOTAL. Citing dates, locations, and available company names would add credibility to this article. Frankly, the author's citation of accidents over a fifty (who knows, not stated) year time period does not create cause for alarm. Quit the puff and stuff and focus on all the salient facts including time, place, and circumstances. Reports read like cheap editorials instead of hard reporting. I crave facts, not unanchored opinion that OSHA is known for.


October 17, 2008
In response to: Forklifts don't have to kill
Ben Huggett commented:

While it may be a good idea, the simple fact is that none of OSHA's Standards requires employees to use a seatbelt on a forklift. OSHA requires only that employers instruct operators on the use of seatbelts.

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