Included in the July 2012 IVES Update Newsletter are the following topics: an Ask Bob question pertaining contractors, a Heads Up that HIOSH/OSHA will be increasing inspections and enforcement, and an Incident Report regarding joyriding on forklifts.
Ask Bob
Hi Bob,
I have had this issue come up many times and I wanted to get the textbook answer. What is the best practice for us as a company when using an outside contractor if they state they are certified to drive our equipment at my plant?
Joe.
Good question, Joe!
It is the responsibility of the Prime Contractor (your company) to ensure the safety of ALL personnel working on their site, including “outside” subcontractors.
I would suggest that at the very least, you do the following:
- Ask for and verify documentation from the subcontractor showing that all of their equipment operators have been trained and evaluated in accordance with the applicable regulations.
- Gather all of their “competent” operators together for a briefing of the safety policies and procedures at your site.
- Walk them all through a site tour pointing out local hazards that could affect them while operating and let them know what they should do when they encounter them.
- Find out what types of equipment they were originally trained/qualified to use and, if you need to, familiarize them with the equipment they will use on site.
- Have them all sign documentation that they received and understood the orientation and training you have provided.
- Assign one of your employees, preferably someone connected with safety in your company (like a safety committee member) to be the contact and/or liaison for the designated safety person of the subcontractor.
- Have a qualified person monitor each of their drivers on the job and evaluate their competence. You don’t need to fill out an entire evaluation form, just document that you observed the drivers while operating and found them to be (or not to be) competent.
In short: verify their training and competence, let them know what you expect of them while they are on your site, let them know what hazards they can expect and how to deal with them, make sure that you and they have a contact person for safety issues, and DOCUMENT EVERYTHING!
I hope this helps.
Bob.
Program Calendar
View our Canadian and US Training Program Calendar for a complete list of our 2012 programs.
Heads Up!
HIOSH/OSHA to Increase Inspections & Enforcement
As part of a recovery plan to re-establish Inspector’s positions within the State Labor Department, HIOSH and federal OSHA announced a collaborative effort that will see OSHA begin to conduct workplace safety inspections for the state department as early as August.
Under former Governor Linda Lingle, Inspector’s positions were cut by a staggering 61% three years ago causing workplace safety inspections to drop by 50%. Although many of the vacant state Inspector’s positions have been filled, it may take two to three years before the new Inspectors are fully trained. During this period, OSHA plans to pick up about 450 workplace inspections in the hotels, restaurants and manufacturing industries over the next three years, giving the state officials time to train new staff.
Employers in all walks of business and industry in Hawaii would be well advised to heed this announcement and take measures to ensure that their company safety programs are up to date and well implemented.
For more details on the HIOSH & OSHA Operational Status Agreement (OSA) click here.
What’s Wrong With This?
Our “What’s Wrong With This?” DVD is the perfect video for recertification/refresher training programs. See if your trainees can pick out the safety infractions. It’s both educational and fun!
Incident Report
Forklift Joyride Sets Example
A Pennsylvania appellate court upheld a ruling that a worker injured while having fun during an unauthorized joyride on a company forklift is not entitled to workers compensation benefits.
The ruling states that the injured worker “jumped on a forklift” and drove it around before steering it to the shift punch-out area. He said he did so because the equipment was “fun to drive.”
But he crushed his foot when he crashed into a pole en route to the punch-out area. He was driving with his foot outside the forklift’s platform even though he knew that was not appropriate.
According to company policy he was not even permitted to drive the forklift because he was not certified to do so. So it’s not a big surprise that the court said he is not entitled to work comp benefits.
In his appeal for benefits the claimant argued that a supervisor had seen him driving the forklift and had not told him to stop doing so. The supervisor countered that he had not seen the worker on the forklift and the supervisor was found more credible.
An important point here is that the employer’s defense sets an example for other companies to follow.
In addition to the worker’s driving of the forklift not having a connection to his job duties, it appears the employer had a solid set of rules that the employee disregarded. One policy rule, among others, was that he was not supposed to drive a forklift without the proper certification for operating the machinery.
The court record also shows that the claimant received a safety discussion in operating a pallet jack, which was the job he was hired to. He had also watched a video on a pallet jacket operations and knew how to complete pre-shift inspection and battery changes on the pallet jack. He also demonstrated his ability to operate the pallet jack and took a test to do so. The same cannot be said about his operation of a forklift.
So it is one thing for an employer to argue an employee was not in the scope of his or her duties when injured. But as this case illustrates, its better when an employer can argue it had a policy against such behavior and that such behavior went against its safety and performance education qualifications.
Source: www.businessinsurance.com
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