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PAST ISSUES OF THE CONSTRUCTION SITE PERSONAL INJURY NEWSLETTER
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FINAL RULE ON POWERED INDUSTRIAL
TRUCK OPERATOR TRAINING

On December 1, 1998, the Occupational Safety and Health Administration published its Final Rule on Powered Industrial Truck Operator Training. The Final Rule covers numerous industries, including construction, maritime, long shoring, shipyards and general industry. This new final rule replaces the 1999 Consensus Standard found at 29 CFR 1910.178.

It has taken nearly a decade for the development of this Rule to protect workers from being killed or injured in industrial truck accidents. Employers are now required to develop training programs or hire outside consultants to provide required training for operation of industrial trucks. Once trained, these operators must be certified and documentation must be retained for review by OSHA compliance officers.

Training must include proper operation of the vehicles; hazards of operating the vehicle in the workplace; and, the specific requirements of the new OSHA forklift training Rule. Furthermore, employers must provide refresher training if an employee operating an industrial truck is in an accident or a near-miss incident; is observed driving in an unsafe manner; is determined during an evaluation to need additional training; or, in response to changes in the workplace or the type of industrial truck used by the operator. In other words, the operator must be separately trained in each type of industrial truck or forklift he uses.

Employers are required to evaluate operators of powered industrial trucks every three years and refresher training is triggered when the three-year evaluation or a workplace change indicates the necessity.

The Final Rule covers a variety of powered industrial trucks used to carry, push, pull, lift, stack or tier material. The Rule does not cover vehicles used for earth moving or over-the-road hauling.

Accidents involving forklifts and other industrial trucks are among the leading causes of workplace deaths in industrial settings, killing more than 100 employees and causing more than 94,000 injuries each year. The Final Rule will affect 1.5 million workers who operate industrial trucks. While all injuries will not be prevented, OSHA anticipates that 9,500 injuries and 11 deaths will be prevented each year if there is full compliance with the Final Rule.

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Reference Source:   OSHA Powered Industrial Truck Operator Training (63 FR 66238)

Bill Conour has represented several workers, or their families, as a result of injuries or death from operation of forklifts in industrial settings. Forklift injuries can occur in a variety of ways, including tipping, falling into pits or off loading docks, the operator falling from the forklift or objects falling onto the forklift. To determine whether or not you may have a legal claim as a result of a forklift injury, it is important to consult with an attorney knowledgeable in the area of industrial safety.

 

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