Published in Truckstop News - August 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “DANGERS ASSOCIATED WITH FORKLIFT TRUCKS”.

The Health and Safety Executive estimates that each year there are around 8,000 forklift truck (”FLT”) accidents resulting in injury, about 10 of which are fatal.  Inadequate training appears to be a significant cause of these accidents, but other issues such as operator error, unsuitable premises, poor layout and design of the FLT operating areas, and poor maintenance are also contributory factors.

Employers have a duty to assess FLT operations and ensure that safe systems of work are in place.  A failure to do so that results in someone being injured, could lead to a successful personal injury compensation claim and a criminal prosecution.

A series of 10 steps highlight the potential dangers and what should be done to help reduce the risk of an accident happening.

STEP 1 - Operator Selection.  Users of FLTs should be physically capable and have the ability to undertake the tasks required.  An employee who is unfit (perhaps due to alcohol or drugs) should not be allowed to operate the equipment.

STEP 2 - Training.  This should be carried out by a competent instructor and should always include 3 stages:-

• - basic training - the basic skills and knowledge required for safe operation of the FLT;

• - specific job training - knowledge of the particular workplace, any special needs to be met and in the use of any attachments;

• - familiarisation training - carrying out the work under supervision.

STEP 3 - Further Training.  All FLT operators should be re-assessed periodically to ensure they continue to operate the equipment safely, and also to identify whether any re-training is required, particularly for staff who either have not used an FLT for some time or who use them infrequently.  It is also important that supervisors have sufficient training to enable them to recognise unsafe practices, even if they themselves do not operate FLTs.  Records detailing the nature and content of each element of training and assessment should also be kept.

STEP 4 - Authorisation.  Employees should not be allowed to use FLTs without written authorisation, and which should relate to the specific type of FLT to be used and also the work for which the employee has been trained.  When not in use, keys should be removed from FLTs and kept in a safe place to prevent unauthorised access.

STEP 5 - Layout.  Driving areas should be as flat as possible and free from obstructions.  Roads, gangways and aisles should have sufficient width and overhead clearance for the largest FLT likely to be in operation.  Sharp bends should be avoided and one-way traffic systems should be introduced.  Wherever possible pedestrians should be kept away from FLT working areas, but if not possible there should be clear warning notices and direction signs.  Also, audible warning devices and flashing beacons should be fitted to FLTs, together with restraints such as seat belts.

STEP 6 - Safe Working Load (”SWL”).  FLT operators must be aware of the SWL and ensure it is not exceeded.  They should also be aware that attachments, such as clamps and cages, will reduce the SWL and the operator given additional training in using the attachments.

STEP 7 - Platforms.  Work at height should never be undertaken from the fork arms or from a pallet balanced on the fork arms of FLTs.

STEP 8 - Passengers.  No passengers should be carried in the cab, on the forks or on any other part of FLTs under any circumstances.

STEP 9  - Battery Changing.  This should be done either in a separate room or a designated area that has a high level of ventilation and no direct ignition sources.  Warning notices such as “No Smoking” and “No Naked Lights” should be provided.

STEP 10 - Maintenance.   There should be a system for reporting defects and ensuring that repair work is carried out.  A planned routine maintenance system should include:-

• - daily checks of tyres, brakes etc by the operator at the start of each shift;

• - weekly checks by a supervisor or manager and a written report kept;

• - at least every 12 months a thorough examination should be undertaken by an engineer;

• - an engineer should also carry out checks after an accident, any major repair or modification, following which a certificate should be issued that the FLT is safe to use.

Only if all of these guidelines are followed will employers significantly reduce the risks faced by their workforce and visitors to their premises.

QUESTIONS & ANSWERS

I drive an FLT and have been working in a yard where the concrete surface is poor.  At one point 2 pieces of concrete meet, but with a 1½ inch difference in levels.  The FLT has no suspension and my back has become sore because of the jarring.  Do I have a claim against my employer?

Your employer is clearly in breach of regulations.  The yard surface is inadequate and appears to be the cause of your back problem, and it does not matter if this was caused by a single jolt or over a period of time due to the constant bumping.  Any claim for compensation would probably be successful.

A few months ago I delivered a palletised load to a warehouse.  When the FLT driver lifted one of the pallets it hit the pallet next to it, which fell and hit the back of my legs.  I only had a few grazes, but I still have painful and stiff legs, and I find it difficult to climb into the cab.  What can I do?

The FLT driver was negligent and you are still within the 3 year time scale to make a compensation claim against the warehouse owners.  It appears your injury is more serious than you first thought and as part of the claim you could seek rehabilitation treatment that might assist.

When driving an FLT I clipped a workmate’s heel while he had his back to me.  He had to take time off work and I feel terrible, but he does not want to make a claim in case I get into trouble.  My boss has made it clear that I must be more careful, and the accident was recorded at work.  What should I say to my mate?

This situation happens all the time when someone is put off from making a claim because they think that either they will get the sack or their negligent colleague will get into trouble.  Claims are almost always dealt with by the employer’s insurers rather then them personally and no employees should be victimised.  Your friend has a good claim and should seek advice about it.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now  page to submit details of your personal injury claim online.

This entry was posted on Tuesday, August 5th, 2008 at 4:06 pm and is filed under Published Articles.