Forklift manufacturer accused of negligence in worker fatality

The family of a Sanford, ME man killed in an industrial accident blames the manufacturer of a forklift for a design flaw that allowed the man to become pinned when he backed up under a shelving unit, according to an AP report.

An adaptation could have corrected the flaw in the 1989 Crown standup lift truck that killed Thomas Brown, the family’s lawyer, Terry Garmey, told jurors in U.S. District Court.

Brown was vulnerable to the type of accident that killed him on Aug. 1, 2003, because Crown Equipment Corp. didn’t share safety information with Brown’s employer, Prime Tanning, Garmey said. The company didn’t notify Crown of 10 other deaths and 90 serious injuries caused in the same manner as Brown’s, nor did it say how to make the truck safer, he said.

Crown contends that Brown was responsible for the accident because he was “careless in the operation of the lift truck,” according to James Campbell, Crown’s attorney.

Brown was backing up the truck when he hit the rack of shelves. The impact knocked his feet off the pedals, automatically engaging the emergency brake. Pinned and unable to move, he died within four minutes, Garmey said.

Brown’s family is seeking $400,000 for wrongful death, $1.2 million in economic damages and $75,000 in punitive damages.

Working with stacks

Toppling stacks can cause severe accidents, so operators must work cautiously when removing loads from stacks. When you work with high stacks, approach and travel are the same with one difference: the higher you go, the less stable your forklift and load become.

To remove a load from a high stack:

* stop straight on, about a foot away from the stack
* raise the mast until the forks are at the right height
* lift the load high enough to clear the item below; look over both shoulders and back straight out to clear the edge of the stack
* stop and lower the load to the traveling position
* tilt the load back and move out slowly

Handling loads

Loading and unloading

Thefabricator.com, a metal fabricating site, reports you should preplan and train employees on how to move loads and what the limits are. The size, weight, and shape of the material being moved will dictate the type of equipment used. All material handling equipment has rated capacities that determine the maximum weight the equipment can safely handle and the conditions under which it can handle that weight. The rated capacity must be displayed on each piece of equipment and cannot be exceeded except for load testing.

Before loading or unloading, prevent movement of forklift trucks by ensuring that brakes are set and wheels are chocked.

Load stacking

Stacking materials can be dangerous if workers don't follow safety guidelines. Falling materials and collapsing loads can crush or pin workers, causing injuries or death. To prevent injuries when stacking materials:
• Ensure that stacks are stable and self-supporting.
• Avoid creating a hazard to passersby when removing supplies by not storing pipes and bars in racks that face main aisles.
• Ensure that employees can identify safe stacking heights easily: Paint walls or posts with stripes to indicate maximum stacking heights for quick reference. Be sure to enforce any rules you have on height limitations when stacking materials

Choosing a forklift

Many serious forklift accidents occur because the wrong truck is being used for the job. Whether you are thinking of buying a new or used truck, there are several factors to consider in selecting the best truck for the job:

* Indoor operation – Only electric and specially designed LP or diesel trucks are suitable for indoor use.
* Load rating – Survey the loads the truck will handle before selecting a truck; each truck is load rated at different mast extension heights and you should never acquire a truck that cannot handle the heaviest load without exceeding 80 percent of load rating.
* Load handling equipment – Truck should be acquired with the proper fork
lengths, load backrest extensions and any special attachments needed for its
assigned work.
4. Tires/work surface design - Be sure you select a truck designed to
operate on the surfaces that it will be run on. Most hard tired forklifts are
designed to operate on level concrete and are dangerous on loose gravel, snow,
or ice.
5. Incline and clearance - Each type of truck has a maximum ramp slope; use of trucks on ramps that are too steep, or pavement with changes in slope too abrupt for their design is very dangerous.
6. Floor loading - Care should be taken to ensure that the truck is not too heavy
for the floors, ramps, hatches, truck trailers etc. on which it is to operate. An
engineer should determine the safe “wheel load” for floors and ramps.
7. Auxiliary equipment - All trucks will have a basic lighting system, horn, backup alarm, and warning light.

Refresher training

Forklift safety isn’t just a subject for new operator training, it’s for experienced operators, too, who must be recertified every three years.

Refresher training must be conducted so employees retain the ability to safely operate a truck. Retraining should also be used if there is reason to believe that unsafe acts have been committed, an accident or near-miss occurs, an evaluation reveals a deficiency, an operator is assigned to a different type of truck, or a workplace condition changes that would effect the truck operation.

Evaluations of each operator's performance are required as part of the initial and refresher training, at least once every three years.

Refresher training is essential to keep your operators legally certified to operate forklift trucks.

The official OSHA guideline “requires an evaluation of each forklift operator’s performance at least once every three years … [it] requires operator training to include formal instruction, practical training and performance (hands-on) evaluation.

Forklift cages

Forklift cages are sometimes use to lift workers to do work or repairs, but they can cause injuries, including one that occurred in 2000 when a man sustained a fractured skull when the cage he was working in tipped over.
The following guidelines should be used for lifting personnel in an OSHA approved safety cage:

* A 8,000 lb capacity forklift or greater required.
* Cage must be attached appropriately to the forklift
* The operator must be in the control position.
* Cordoning the area should be considered.
* Other personnel must be kept clear of cage work area.
* Personnel in the cage must wear a body harness and lanyard attached to the cage.
* The mast must be in the vertical position and never tilted.
* Movement of the forklift, while personnel are in the cage, must not be greater than creep speed.
* Personnel should be at least one foot away from the cage per foot the cage is raised.

Driving in reverse

There are situations when forklifts should be driven in reverse, including when the load is so bulky that it obstructs your vision and when driving down a ramp.

Extra care must be taken when driving in reverse, because the operator doesn’t have a constant view of the load. There is also a threat of back injury to the driver who has to strain to look over his shoulder while driving in reverse.

Fatalities have occurred when operators were unable to see clearly while operating in reverse, so OSHA offers the following tips for maintaining control of the vehicle:

* face the rear
* look in the direction of travel
* go slowly
* sound horn before moving
* stop when vision is limited or blocked, sound the horn and go slowly

Training Test

As safety trainers should know, OSHA has very specific operator training requirements that must be followed to prepare operators for certification and 26 states administer their own requirements that sometimes exceed the federal mandate. The state of Michigan Department of Consumer Industry and Services prepared this sample test. As you can see, it is very detailed and demands safe driving skills and knowledge of forklift handling procedures.

You can use this test on your own operators or modify it for your own state requirements:

SAMPLE PERFORMANCE TEST FOR FORKLIFT OPERATORS

G 1. Shows familiarity with truck controls.
G 2. Gave proper signals when turning.
G 3. Slowed down at intersections.
G 4. Sounded horn at intersections.
G 5. Obeyed signs.
G 6. Kept a clear view of direction of travel.
G 7. Turned corners correctly – was aware of rear end swing.
G 8. Yielded to pedestrians.
G 9. Drove under control and within proper traffic aisles.
G 10. Approached load properly.
G 11. Lifted load properly.
G 12. Maneuvered properly.
G 13. Traveled with load at proper height.
G 14. Lowered load smoothly/slowly.
G 15. Stops smoothly/completely.
G 16. Load balanced properly.
G 17. Forks under load all the way.
G 18. Carried parts/stock in approved containers.
G 19. Checked bridgeplates/ramps.
G 20. Did place loads within marked area.
G 21. Did stack loads evenly and neatly.
G 22. Did drive backward when required.
G 23. Did check load weights.
G 24. Did place forks on the floor when parked, controls neutralized, brake on set, power
off.
G 25. Followed proper instructions for maintenance – checked both at beginning and
end.

OSHA cites Florida company for forklift violations

OSHA cited Coreslab Structures for operating unsafe forklifts and other safety hazards at the company's Medley, Fla., facility. The agency proposed penalties totaling $45,000.

OSHA issued nine serious citations to the pre-cast concrete manufacturer, with proposed penalties of $45,000, for: failing to train forklift operators and require them to wear safety belts; allowing employees to operate trucks that needed repair; and allowing employees, other than the operator, to ride on the equipment. Other cited safety violations included allowing employees to ride on cranes, use unsafe cutting tools and operate machinery without safety guards.

The agency also cited, but did not propose penalties for, the lack of required labels on forklifts, poor housekeeping and some unlabeled hazardous chemicals stored at the facility.

OSHA conducted this inspection last August concurrently with the investigation of a worker's death from carbon monoxide poisoning. Alleged violations in that case, for which OSHA cited Coreslab Structures in November, included exposing workers to carbon monoxide above permissible levels and failing to have alarms that warned workers of elevated levels. Proposed penalties totaled $24,000. In December, the company contested the citations.