Manufacturing Reprise


As a baseline, there are several key pieces of legislation that those responsible for forklift safety should be aware of to ensure compliance and reduce the risk of accidents on site. A core piece of legislation for those utilising MHE is the Health & Safety at Work etc. Act 1974 (HASAWA) , which forms the basis for all UK Health and Safety law. Under the HASAWA, employers have a general duty of care to employees, as well as site visitors or contractors. Employers must take the relevant measures to ensure safety ‘so far as is reasonably practicable’, which includes providing a suitable working environment, appropriate training and safe equipment. Employees have responsibilities under the HASAWA, including working safely, and using only the equipment they have been trained to use, in the way they were trained to use it. Sections of HASAWA also target managers, highlighting their role in actively upholding safety. Lifting Operations and Lifting Equipment Regulations 1998 Where PUWER is general, LOLER applies specifically to the suitability of lifting equipment. According to LOLER, every operation involving a lift truck should be properly planned, supervised, carried out in a safe manner, and the operator must have the appropriate training and expertise for the task. LOLER also requires that lifting equipment be inspected every 12 months. However, the intervals between inspection may need to be shorter if it is to be used in certain ways or environments (e.g. to lift people). A qualified Competent Person, such as those accredited to the CFTS scheme, can determine a suitable schedule for Through Examinations. If in doubt, managers and operators alike should refer to Approved Code of Practice (L117), the definitive guide to forklift training and safe use. L117 has special legal status so, in its own words, “If you follow the advice you will be doing enough to comply with the law…” This makes it a must-read document for those managing forklift operations as, if you are prosecuted for a breach of Health & Safety law and it is proven that you didn’t follow the relevant provisions, a court will find you at fault (unless you can show that you have complied with the law in some other way). Amongst an all-encompassing range of topics, L117 covers safe use, inspection, segregation, authorisation to operate and outlines standards required to meet training obligations as an employer. What’s more, while this guidance is written with rider-operated forklifts in mind, relevant sections can also be applied to pedestrian-operated or stand-on powered pallet trucks, making it an invaluable reference point for anyone responsible for the use of MHE.

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All but two of the firms cited were in the health care industry, where OSHA’s citations centered on violations of personal protective equipment requirements. Enforcement has been uneven, with almost two-thirds of the firms cited located in New Jersey or New York. At two large meatpacking plants —which both had hundreds of infected workers and several deaths—OSHA issued citations for violations of its general duty clause. Inspection data reportedly show a total of 43 health inspections of meatpackers by federal and state occupational safety and health programs from March through August, although it is unclear how many focused on COVID-19. As I describe below, some of the 21 states with their own occupational safety and health programs have taken further steps to enforce existing regulations. The most critical task in this pandemic is identifying ill people at an early disease stage, both for their own well-being and for reducing their role in spreading the disease. Although few evaluations of contact tracing for COVID-19 have been published , it appears that these efforts are often frustrated by lack of cooperation from the public. In many cases, employers should be a more reliable source of contact-tracing information. Employers also have their own incentive to prevent employees from spreading disease to fellow workers. An example of state initiatives that focus on employer reporting is a law enacted in California this summer, which requires employers to notify employees when a worker they interact with has a “potential exposure” to COVID-19. The notification requirement extends to contractors the employer is using and to unions representing the employees. The law also requires the employer to notify the local health department within 48 hours following an outbreak, as defined by the California Department of Public Health . The notification to a local health department in California must include the names of the individuals who the employer knows have either had positive tests or diagnoses, been told to isolate by a public health official, or died due to COVID-19. The law also requires the state’s public health department to post information about all worksites with positive test results and the number of cases reported. All of these measures appear consistent with Equal Employment Opportunity Commission stipulations. In California, the state’s Division of Occupational Safety and Health enforces these reporting requirements. All states could adopt similar rules except for the enforcement step. In states with federal occupational safety and health enforcement, states probably cannot assign power to a federal agency to enforce these state rules.