Business practices and technology change rapidly for all industries, including forklifts and material handling, making it impossible for OSHA to have a guideline for every work-related situation. To fill in the gaps for hazardous violations that aren’t outlined, OSHA references the General Duty Clause.
The OSHA General Duty Clause States:
- Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees;
- Shall comply with occupational safety and health standards promulgated under this Act.
- Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to their own actions and conduct. OSHA exists to keep workers safe by utilizing the General Duty Clause, but companies cannot be cited with this type of violation unless it meets specific criteria:
- The violation must be a hazard
- Workers must be exposed to the hazard
- The hazard must have the potential to cause injury or death
- The hazard must be correctable
Be proactive and keep awareness on your company’s working conditions through observation, talking to employees, and reviewing accident reports. Focusing on known hazards allows you to uncover better ways to handle the situation or eliminate the hazard for your employees.
OSHA Accident Reporting
If a forklift accident occurred at your facility today, would you be required to report it?
Per its standard 29 CFR 1904, OSHA requires employers to maintain logs of serious work-related injuries and illnesses. In January 2015, changes were implemented that revised the list of industries exempt from recordkeeping regulations.
OSHA Events That Must Be Reported Include:
- All work-related fatalities within 8 hours. Fatalities that occur within 30 days of the work-related accident would be applicable.
- All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.
For additional details regarding OSHA accident reporting, including how to report an accident and the required forms, visit OSHA’s website.
OSHA Law And Its Intent
As a company trainer or supervisor, you'll often receive questions about job safety. While a brief response might be easy, it’s important to take the opportunity to show genuine concern, provide education, and understand the context behind the question.
Ensure your responses are thorough by referencing relevant federal laws, including their section details, or offering the most current interpretations when specific regulations lack clarity. This approach reinforces safety knowledge and demonstrates your commitment to comprehensive training and guidance.
Prioritize Employee Safety
The focus should go beyond meeting minimum compliance or finding vague definitions to justify cutting corners. The true goal should be upholding the spirit of the law—ensuring employee safety. Unsafe practices or poorly maintained equipment can lead to serious accidents, impacting not just the individual but their loved ones as well.
To support your team, seek ongoing education, review relevant regulations, and stay current with operator training and evaluations. Always be prepared to explain the purpose behind safety laws to reinforce their importance.
ProLift's team is here to support your employee safety efforts. Learn more about our safety training class offerings, including Train-the-Trainer couses for forklift and aerial equipment.
