Known Injury Dangers from Powered Industrial Trucks Used in a Variety of Industries
Forklifts, or lift trucks, are technically known as “powered industrial trucks” whether or not they are in use on a construction site, warehouse floor, loading dock, or other worksites like steel mills where material or heavy and large objects must be moved. They come in a variety of sizes and models. Some are operated by a driver; others are controlled by an operator walking alongside the machine.
These forklifts are important in all sorts of industries here in Indiana and Illinois because they are able to move over great distances and deal with all sorts of footing or hectic ground while hauling a great deal of weight. They are very dangerous machines found on a great many worksites here and the risk of worker injury is high.
Different types of forklifts or powered industrial trucks available in the U.S. marketplace include:
- Warehouse Forklifts
- Side Loaders
- Counterbalance Forklifts
- Telehandlers
- Heavy-Duty Forklifts
- Rough Terrain Forklifts
- Pallet Jacks
- Walkie Stackers
- Order Pickers
- Reach Fork Trucks.
Dangers of Serious or Fatal Forklift Accidents
The particular hazards facing workers on a jobsite where forklifts or powered industrial trucks are used depends not only upon the characteristics of that workplace (such as the heat pervading an Indiana steel mill) as well as the type of forklift that is being operated.
Different powered industrial trucks come with different risks of bodily injury to workers in forklift accidents on the jobsite. The Occupational Safety and Health Administration (“OSHA”), for example, explains that there is a greater likelihood of a falling load accident when a sit-down counterbalanced high-lift rider truck is being used to move materials because of its ability to lift the load so much higher than a comparable motorized hand truck.
Other hazards on the worksite involving possible forklift accidents include things like: forklifts falling while on elevated pallets and tines; forklifts being driven off loading docks; forklifts hitting workers in a pedestrian crash; and falls between docks and an unsecured trailer as the powered industrial truck attempts to transfer cargo.
Sadly, each year in this country workers suffer severe and permanent or even deadly bodily injuries in forklift accidents on the job. Illinois’ renowned National Safety Council (“NSC”) warns that during the economically-constrained pandemic year 2020, 78 workers died and another 7290 workers suffered serious injury in powered industrial truck accidents.
What Workers Should Expect From Employers to Protect Against Forklift Accident Risks
No matter the industry and regardless of the size of the project or operation, workers in Indiana and Illinois should be able to rely upon employers to meet or exceed the standards of care and safety set up regarding forklifts and powered industrial trucks.
Employers have the responsibility to know the extent of legal protections and industrial standards provided for workers regarding forklift hazards and how they have a legal duty to keep workers safe from forklift injuries by all reasonable and prudent means.
The legal duties of care and safety regarding powered industrial trucks on a jobsite will depend upon (1) the type of truck involved; and (2) the specific needs of that particular workplace.
OSHA Regulations for All Forklifts
OSHA regulations for powered industrial trucks are found in 29 CFR 1910.178 for all industries except construction. There are special safety regulations for powered industrial trucks on residential and commercial construction sites. Read 29 CFR 1926.600 – 1926.602.
OSHA safety mandates cover things like (1) training of drivers and operators; (2) upkeep (repair and maintenance) of the trucks themselves; and (3) the actual operation of the forklifts in the workplace.
Of great importance, no matter the industry or worksite, is the legal mandate that any employee who is operating or driving a forklift has met the training and evaluation requirements of 29 CFR 1910 and can show upon request their current certification card. As for employers in Indiana and Illinois, they must adhere to the requirements imposed by their OSHA-approved state plans. For more, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
There is a minimum age requirement for forklift certification set by federal law. According to OSHA: “It is a violation of Federal law for anyone UNDER 18 years of age to operate a forklift or for anyone OVER 18 years of age who is not properly trained and certified to do so.”
Other Protections and Standards for Forklift Safety on the Job
Among American agency and industrial standards for forklift safety are the following:
1. U.S. Department of Labor (DOL) – Young Workers and Minors
- 29 CFR 570 Subpart E, Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being. Employment Standards Administration (ESA) Child Labor Laws. The operation of a forklift by anyone under 18 years of age is in violation of this regulation.
- Protecting Young Workers: Prohibition Against Young Workers Operating Forklifts. Safety and Health Information Bulletin (SHIB), (September 30, 2003).
2. U.S. Department of Transportation (DOT) – Movement of Hazardous Materials
- 49 CFR 107, Hazardous materials program procedures
- 49 CFR 171, General information, regulations, and definitions
- 49 CFR 172, Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements.
- 49 CFR 173, Shippers – General requirements for shipments and packaging. The training requirements specify different amounts of classroom training for workers subject to the standards according to their job functions and roles they may serve.
- 49 CFR 174, Carriage by rail
- 49 CFR 175, Carriage by aircraft
- 49 CFR 176, Carriage by vessel
- 49 CFR 177, Carriage by public highway
- 49 CFR 178, Specifications for packagings
3. U.S. Environmental Protection Agency (EPA)- Movement of Hazardous Waste
- 40 CFR 264, Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities. Includes the training requirements of 40 CFR 264.16.
4. U.S. Nuclear Regulatory Commission (NRC)- Movement of Radioactive Material
- 10 CFR 61establishes the standards for issuing a license to a low-level waste disposal facility.
5. Industrial Truck Standards Development Foundation (ITSDF)
- ANSI/ITSDF B56.1 Safety Standard for Low Lift and High Lift Trucks. This standard became effective 10/7/2010. This Standard defines the safety requirements relating to the elements of design, operation, and maintenance of low lift and high lift powered industrial trucks controlled by a riding or walking operator, and intended for use on compacted, improved surfaces.
- B56.6, Safety Standard for Rough Terrain Forklift Trucks. Defines the safety requirements related to the elements of design, operation, and maintenance of rough-terrain forklift trucks. These trucks are for operation on unimproved natural terrain, as well as the disturbed terrain of construction sites.
- B56.10, Safety Standard for Manually Propelled High Lift Industrial Trucks. Defines the safety requirements related to the design, operation, and maintenance of manually propelled high-lift industrial trucks controlled by a walking operator, and used on level, improved surfaces.
- B56.11.4, Hook-Type Forks and Fork Carriers for Powered Industrial Forklift Trucks. Includes standards related to hook-type fork carriers and the attaching elements of fork arms and load-handling attachments for forklift trucks, for trucks with manufacturers’ rated capacities of up to, and including, 11,000 kg (24,000 lb).
- B56.11.6, Evaluation of Visibility from Powered Industrial Trucks. Establishes the conditions, procedures, equipment, and acceptability criteria for evaluating visibility from powered industrial trucks. It applies to internal combustion engine-powered and electric-powered high-lift, counterbalanced, sit-down rider industrial trucks up to, and including, 10,000 kg (22,000 lb) capacity.
- B56.11.7, Liquefied Petroleum Gas (LPG) Fuel Cylinders (Horizontal or Vertical) Mounting – Liquid Withdrawal. Establishes dimensions for LPG fuel cylinders used on powered industrial trucks.
6. National Fire Protection Association (NFPA)
- NFPA-30, Flammable and Combustible Liquids Code. Identifies how to properly use, contain, and store flammable and combustible liquids.
- NFPA-58, Liquefied Petroleum Gas Code. Identifies requirements for all large tank installations, operating and maintenance procedures, and fire safety analyses.
- NFPA-505, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations. Identifies industrial truck types for use in hazardous (classified) locations, truck conversions, and maintenance and operation requirements for industrial trucks powered by electric motors or internal combustion engines.
Causes of Forklift Accidents
When employers fail in their duties of care and safety and as a result, workers are injured or killed in a forklift accident, the incident usually involves the following breach(es) of duty:
- Pushing speed of production and stressing deadlines
- Failing to provide proper tools, machinery, or equipment
- Allowing operators to use forklifts for which they are not properly certified
- Allowing operators to use forklifts without any certification
- Failing to repair forklift
- Failing to maintain forklift
- Allowing forklifts to maneuver on the site at high speeds
- Allowing forklifts to haul overweight loads
- Allowing other workers to hitch a ride on a moving forklift
- Allowing “fun” driving of forklifts
- Failing to have proper parking for the forklift
- Failing to have proper pathways for the forklift
- Not planning and preparing floor marking system for forklift traffic
- Failing to make sure forklift drivers are not faced with blind spots or blocked pathways
- Failing to load the forklift properly
- Allowing unstable loads on the forklift
- Not providing forklift operators with appropriate Personal Protective Equipment (PPE)
- Failing to train all workers on forklift safety
- Allowing forklift operator to work without wearing safety belt
- Not testing forklifts on a daily basis to make sure in proper working condition.
Justice for Forklift Accident Victims in Indiana and Illinois
When there is a serious or fatal accident on an industrial worksite here in Indiana or Illinois, the accident victim and their loved ones have the right to investigate the incident to determine if employer failure to meet duties of care and safety in forklift operations contributed to the event.
More than one employer may be liable for the accident and its consequences, as well as third parties such as manufacturers, distributors, and suppliers. Indiana and Illinois laws may provide legal redress based upon worker’s compensation as well as negligence, wrongful death, product liability, and defective design.
For more, read:
- Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
- Trade Stacking Construction Accidents: The Danger of Overcrowded Job Sites
- Warehouse Accidents: Workers in One of the Deadliest Jobs in Indiana and Illinois
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims.
If you or a loved one have been seriously injured or killed in an accident involving a forklift or powered industrial truck, then you may have legal claims available to you under the state laws of Indiana and Illinois. Please be careful out there!
