Reference Library

OSHA has finally published final revisions to the training requirements of the forklift standard, 29 CFR 1910.178. The content of training has not changed to any degree. The information in you Safety Compliance Manual is correct as is. Make sure your content training includes information specific to your facility, such as navigating ramps, picking up and moving the specific types of containers or material at your facility, and any site specific peculiarities.

Regulations now require that training consist of combination of classroom and hand-ons training, so be prepared to set up a short driving course for trainees to complete after their classroom sessions.

Training may be performed by any person competent, by reason of experience, training or education, in forklift operation and familiar with your facility conditions and requirements – no special certification is needed.

A new requirement is that each operator must be reevaluated every three years to ensure continued competency. Retraining must also be provided when conditions change, such as providing different types of forklifts; when the operator is involved in a disciplinary action, accident or near-miss which puts their competency into question; or when their supervisor or other management feels retraining is needed.

Training for new hires or job transferees is not required if management determines that their past experience or training renders them competent for the requirements of their new job. The employer should certify such decisions not to retrain based on existing competency. Be careful here, because not everything on a job application is true. RCI recommends that you require at least the driving portion to verify they are as competent as their application claims.

Training must be certified as satisfactory completed by creating training logs or individual training and name of trainer. All operators must be certified as competent by December 1, 1999. Your training files should contain a copy of the training course outline or a copy of the training materials used.

Start the new year off by reviewing each employee’s training records. Print this training checklist as needed to cover all your employees. Most training must be done once, before the employee is assigned to a task and then again when circumstances change, such as new procedures or equipment are introduced, different chemicals are used, accidents or injuries occur, or problems are evident in the employee’s performance.

Some training must be done annually: fire extinguisher use, access to employee medical and exposure records, respiratory use, bloodborne pathogens, HAZWOPER. Items requiring annual training are printed in bold.

To identify training requirements for this employee, check off in column 1 the items below which pertain to this employee’s job description of tasks. Not every employee will need to be trained on every topic. "ALL" in column 1 indicates that all employees must be trained on that topic regardless of their job description or tasks. Columns 4 through 6 allow record keeping for 3 years. If an employee changes job tasks and no longer requires training on a topic, indicate by writing N/A in the date column.

By Susan Davis If an OSHA inspector came to your door today, would you pas the test? Dick has been in the equipment business for a half a century. When an employee’s death in the shop last fall prompted an Occupational Safety and Health Administration (OSHA) inspection, the dealer faced more than grief. Now he is dealing with more than $50,000 in fines. "I don’t care how careful you are, it can happen to you," says the dealer who wants to remain anonymous because he is appealing the fines. With 6.5 million U.S. businesses potentially falling under OSHA standards and only about 2,300 inspectors, many business owners figure the odds of having an inspection are about as likely as winning the lottery. However, a surprise visit from OSHA could result in fines so costly, you might have to shut the doors indefinitely. OSHA doesn’t take into consideration that businesses have to make a profit, says Jim Wright of Lakewood Hills Consultants, Inc. in Laurinburg, N.C. "It happens a lot in North Carolina – small businesses close shop because they can’t pay the fines." Says the consultant who was an OSHA inspector for 8 ½ years. North Carolina is one of 23 states with its own program – and state standards must be strict as the federal government’s.	Equipment Dealers’ Top Mistakes Correct mistakes before it’s too late. While an OSHA inspector, Jim Wright found these recurring problems at equipment dealers: Poor housekeeping. OSHA 200 Log and Annual Summary Sheet not filled out properly. Incorrect grounding of equipment. Tripping hazards. Exit signs (not posted, unlit, not over designated exit door, etc. Blocked exit aisles. Incomplete training. Undocumented safety program.
"All it takes is one disgruntled employee to spur an inspection." Wilder Allen, Safety Management Corp., Evansville, Ind. The fines can quickly clean out the cash box and more. A willful violation is a $70,000 maximum fine. An example of a willful violation is if an employee is killed as a result of a safety hazard not being corrected. Serious violations, such as a forklift driver going to fast, can be as high as $7,000. Not wearing a hard hat can uncover fines ranging from $1,000 to $7,000, says Jim Brown with the Associated General Contractors of Indiana. The fine is based on likelihood of an accident and how severe the injury could be. At construction sites, the most common citation equipment dealers and other vendors get hit with is not wearing a hard hat. Equipment dealers often believe they don’t fall under OSHA jurisdiction because they are not working at the site. "If they deliver a piece of equipment, they are just as exposed as the people working on site," points out the safety director. You can’t grab the hard hat from the truck fast enough to avoid the fine. "It’s kind of like speeding. No matter how fast you pull over and park, you still have the ticket," Brown says.
Besides hazardous industries such as construction, other situations spark a visit from OSHA. An inspection is conducted after a fatality. A fatality must be reported within 48 hours to an OSHA office. After any initial inspection there is an automatic follow up inspection if there are three or more serious violations. Another incident that brings OSHA knocking at the door is a call from an employee. "All it takes is one disgruntled employee to spur an inspection," says Wilder Allen of Safety Management Corp. in Evansville, Ind. Of Allen’s Clients who receive inspections, he estimates that half are the result of a call from a disgruntled employee. Inspections are conducted without notice. If a business receives a notice of an upcoming OSHA inspection, the inspector can be fined up to $1,000 and/or a six-month jail term, reports North Carolina’s Wright. So if an OSHA inspector does come to call, what should you do? Be cordial but not adversarial, Allen suggests. "Don’t offer them anything other than a cup of coffee and lunch ... or you may be going to jail. First impressions count. "I tell all of our clients to have good housekeeping," Allen says. "If the business is junky and trashy the inspectors are going to look closer." The inspectors start by taking a close look at the records. Doting your I’s and crossing your T’s is a plus in OSHA record keeping. "OSHA looks for documentation. If the records are not dated and signed, OSHA doesn’t accept them. That’s where the fines start, " Wright Points out. Even recording an illness instead of an injury on the wrong line can result in a fines. Wright estimates 70 percent of the businesses he consults have mistakes in their record keeping. The No.1 record keeping violations are not signing the Annual OSHA LOG (accident report) and not posting the Annual Summary Sheet. These non-serious violations can result in a maximum fine of $1,500. The OSHA 200 logs must be maintained and retained for five years following the end of the calendar year the records relate to.	What To Do When OSHA Comes Knocking Having an OSHA inspection is almost as dreaded as having an IRS audit, you don’t know when the OSHA inspector is coming to call. Jim Wright offers the following recommendations for an OSHA visit. The Inspector asks to see the manager. The receptionist should tell the inspector to have a seat and they will notify the manager. Try to notify all department heads that an OSHA inspector is on the premises. The receptionist can have the inspector wait 5 to 10 minutes, but this time should be shorter, if possible. An inspector must state why he or she is there, what type of inspection is going to be conducted and present his or her credentials. The inspector will probably want to review all the records that pertain to OSHA. After reviewing the records, the official will begin the inspection. The employer does have a right to ask the inspector to get a warrant before the inspection begins.
Another common mistake is safety program implementation. Developing a superb safety plan isn’t enough. A lot of businesses have great safety programs, but the program isn’t documented and enforced, Wright says. "A judges rules on documentation and not on hearsay." Keeping up with OSHA regs, from ergonomics to exits, can be a full time job. Many consultants offer computer programs to track OSHA standards. The consultants’ services range from a walkthrough to estimate OSHA fines to operating as safety manager and handling all OSHA records. The consultant’s fees range from $60 - $120/hour.
Consultants are not required to be certified. Interview the consultants and ask a lot of good questions, Allen suggests. Find out how well-versed they are on recent changes. For example, are they up to date on new forklift operator training standards? Do they know the respirator standards? Also keep a copy of OSHA General Standards Manual on hand, the consultants recommend. "OSHA looks for documentation. If the records are not dated and signed, OSHA doesn’t accept them. That’s where the fines start." Jim Wright, Lakewood Hills Consultants, Inc., Laurinburg, N.C. Take a proactive approach, Allen suggests. "If you’re making an effort, OSHA is more willing to cooperate with you." A safety committee, attending seminars and other proactive approaches may help cut fines. "Some fines can be reduced 50 percent if you’re making an effort," Allen says.	Tips From the Trenches If you’re filling out an OSHA log and white out or put a line through a number, make a note why you made the change. Keep OSHA record keeping in a separate file. Pulling out records quickly impresses an inspector. Make sure the OSHA poster is where the employees can see it. If grinding wheels are not adjusted properly there can be a $2,000 fine. If you’re appealing a citation, it must be in writing 15 days after the citation is received.
Even so, as the anonymous dealer testifies, going through the ordeal has been a nightmare. "You can’t be too careful. I’ve been in business for 50 years and never had anything like this happen."

YES	NO	Item
		General Housekeeping: reasonably clean and neat, no trash, empty containers lying around.
		Facility free of trip and fall hazards.
		All electrical cords in good condition – no cuts, frays, taped areas, loose connections, grounding prongs are in place.
		All hazardous chemicals in proper containers, properly labeled and safely stored.
		All employees wearing the proper PPE for the jobs they are doing – safety glasses, hearing protection, gloves, safety shoes, head protection.
		All aisles are clear and unobstructed. Permanent aisles are marked.
		All fire extinguishers are fully charged, properly located, hanging on the wall and not setting around on the floor or a bench, serviced once a year.
		Railing are in compliance – firmly attached, top rail 36" to 42" high, midrail is present, toeboard (4" high) is in place anywhere items could fall on persons or equipment below.
		Elevated storage areas and shelving more than about 84" high are load rated and marked.
		Appropriate signage is present and in good condition: EXIT, NO EXIT, NO SMOKING, CAUTION: CARBON MONOXIDE, CHEMICAL STORAGE AREA, CONFINED SPACE, EYE PROTECTION REQUIRED.
		Emergency phone numbers are posted at all appropriate phones.
		Ladders are in good condition: no broken rungs, no cracks or splits; safety feet in place if manufactured with them; step ladders have spreader braces; ladders are clean and free of grease, oil, mud or other slippery substance.
		Are first aid kits appropriately located within a reasonable distance of each work area? Are they fully stocked with supplies necessary to treat injuries likely at your facility?

1	2	3	4	5	6
YES	N/A	Topic	Date	Date	Date
All		Company safety policies and procedures, including housekeeping
All		Emergency Action Plan components
All		Location and use of first aid kits
		Bloodporne pathogens – full training for designated first aid providers
All		Bloodborne pathogens – awareness training for emloyees not designated as first aid providers
All		Access to employee exposure and medical records
All		Accident Prevention Program-Safety committees. Training required only if your state requires establishment of this program
		Hazard Communication/Employee Right-to-Know and chemical safety. Annual – MN,FL,OK
		Personal protective equipment: eye and face, hands,feet,head
		Respirators: fit testing, use and maintenance
		Hearing Protection
		First aid procedures for employees designated as first aid providers
		Ladder/scaffolding safety
		Machine guarding
		Storage battery safety
		Compressed air, hydraulic system safety
		Jacks and hoisting equipment safety
		Portable fire extinguisher use
		Fire Prevention-hot work
		Welding safety
		Electrical safety, general awareness
		Lockout/tagout, general awareness for affected employees and specific training for authorized employees
		Forklift and powered industrial vehicle safety
		Tire servicing
		Permit-required confined space entry. Annual-MN
		Back safety – proper lifting, etc
		Hand and small power tool safety
		Spill prevention and response (HAZWOPER): awareness, operations, technician, specialist levels. Circle level trained/certified
		Hazardous materials transportation safety: placarding,shipping papers, labels, etc
		Worker protection-certified applicators and other personnel dealing with field appled agricultural chemicals

What do you do when OSHA comes to Visit?

Having RCI on-site to Assist

Name of Employee
Name of Facility