THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 5  Issue 2, Article 4,  April 2003

Forklift Operating Rules Now Enforceable

Tim Bormann, CIH

The operating rules for industrial trucks (such as forklifts) must be posted and enforced by the employer as stated in 8CCR§3664.   Although the employer is required to "post and enforce" the operating rules, the Occupational Safety and Health Appeals Board has consistently ruled that the individual rules were not regulations and therefore could not be enforced.  As a result, Cal/OSHA could only issue a regulatory or general citation to the employer for failure to post and/or enforce the operating rules, regardless of the seriousness of the failure to observe the rules. 

Effective July 2002, with the amendment by Cal/OSHA of §3650 (Industrial Trucks - General), this has changed. Subsection (s) of §3650 was added to the standard, stating that "Industrial trucks (i.e., forklifts) and tow tractors shall be operated in a safe manner in accordance with the …operating rules."   The operating rules are the same as found previously in §3664. With the amendment to §3650, all of the operating rules can now be enforced by Cal/OSHA and violations of any of the rules can lead to citations, including serious, repeat and willful citations.  And yes - the rules must still be posted at the facility or job site.

A few of the rules include:

·          Only drivers authorized by the employer and trained in the safe operations of industrial trucks shall be permitted to operate such vehicles. Remember, the employer is obligated to ensure that the drivers are competent to operate a forklift as demonstrated by training and evaluation on each make and model of truck used.

·          Employees shall not be allowed to stand, pass or work under the elevated portion of any industrial truck.

·          Drivers shall check the vehicle at the beginning of each shift, and if the vehicle is found to be unsafe…reported immediately…

·          The driver shall slow down and sound the horn at cross aisles and other locations where vision is obstructed.

·          The forks shall always be carried as low as possible, consistent with safe operations.

·          Trucks shall not be loaded in excess of their rated capacity.

·          Extreme care shall be taken when tilting loads.  Tilting forward with the load engaging means elevated shall be prohibited except when picking up a load.

·          Prior to driving onto trucks, trailers and railroad cars, their flooring shall be checked for breaks and other structural weakness.