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Howrey LLP
Employers now are required to ensure that all operators
of powered industrial trucks are certified as competent
to operate such equipment at the particular site where the
work is being performed. Employers also must maintain on
file the current certification for each such operator.
Code
of Federal Regulations Part 1910.178, was promulgated by
the Occupational Safety and Health Administration on November
17, 1998. The regulation is applicable to operators of all
mobile, power-propelled trucks used to carry, push, pull,
lift, stack or tier materials. It includes trucks that are
ridden as well as those operated by a walking operator.
Specialized equipment in the construction industry included
in the regulation are rough terrain straight-mast and extended-reach
forklift trucks. The regulation is not applicable to earth-
moving or over-the-road haulage vehicles.
The
regulation provided for a one-year implementation period
by employers. The implementation period ended December 1,
1999. Now, all employees who operate powered industrial
trucks must be evaluated and certified by the employer before
operating such equipment at the work site. There is no requirement
that the employer license the operators. The employer must,
however, complete and maintain certification of the operator's
training record containing the name of the operator, the
date of the training, the date of the evaluation and the
name of the person performing the training and/or evaluation.
Experienced
operators of powered industrial trucks need not be re-trained.
The employer must, however, perform an evaluation of the
abilities of such an operator for purposes of certification.
There are no formal requirement for such an evaluation.
It may consist of: a discussion with the employee regarding
his or her specific experience with the equipment, an observation
of the employee operating the specific equipment, written
documentation of previous training or a performance test.
All operators must be re-evaluated at least every three
years. Employers are required to retain only the most current
certification of each operator. Employers are not required
to retain certification that employees obtain from other
companies, including companies specializing in the training
of operators of powered industrial trucks.
Training
for new operators must include a combination of formal instruction
such as lecture, discussion, interactive computer learning,
videotapes or written material and practical instruction,
including demonstrations of the equipment and practice exercises
performed by the trainee. Formal instruction need not be
conducted in a classroom. The training may be conducted
by any person with the knowledge, training and experience
necessary to instruct and evaluate operators.
Most forklift manufacturers or their local dealers offer forklift operator certification programs. Many will conduct on-site training programs at an employer's facility. Information regarding these programs often can be found on the Web sites of forklift manufacturers.
Once trained,
the trainee should be familiar with the following topics
unless the employer can demonstrate that such topics are
not applicable to the particular work site where the equipment
will be operated:
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1.
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Operating
instructions, warnings and precautions for the types
of truck the operator will be authorized to operate.
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2.
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Differences
between the truck and automobile.
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3.
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Truck
controls and instrumentation.
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4.
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Engine
or motor operation.
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5.
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Steering
and maneuvering.
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6.
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Visibility
(including restrictions due to loading).
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7.
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Fork
and attachment adaptation, operation and use limitations.
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8.
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Vehicle
capacity.
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9.
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Vehicle
stability.
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10.
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Vehicle
inspections, maintenance, refueling and/or charging
of batteries.
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11.
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Surface
conditions where the vehicle will be operated.
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12.
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Composition
of loads to be carried, load stability, load manipulation,
stacking and unstacking.
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13.
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Pedestrian
traffic, restrictive operating areas and ramps or other
sloping surfaces that could affect the operating characteristics
of the vehicle.
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14.
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Environmental
considerations that could result in a buildup of hazardous
fumes or exhaust.
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Refresher training is required for any operator who has
been observed operating equipment in an unsafe manner, has
been involved in an accident or near-miss incident, has
received an evaluation that reveals the operator is not
operating the equipment safely, is assigned to drive a different
type of truck with which he or she is not familiar, or when
a condition in the workplace changes in a manner that could
affect the safe operation of the equipment.
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For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-848-4996 or at paulberning@howrey.com or contact your Howrey attorney. For more information about Howrey's Construction Practice Group, click here.
©2000
Howrey LLP
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