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Posted By Bob Matthews AIIRSM
Hi all,
As well as being a H&S advisor I am a forklift truck instructor/examiner. My licence ran out last week and my Company still wants me to carry on FLT training, they don't seem willing to put me through a refresher course. My question is what would happen if I trained someone and they had a serious accident, would the Company be prosecuted or would I and what would be the insurance companies stand be if the injured person put a compensation claim in, could he also claim against me?
Regards
Bob
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Posted By Dave Wilson
Scenario -
An employee is required to have a FLT licence which allows them to operate the particular types of FLT specified on said licence.
The instructor has no up to date qualifications to teach this.
Accident happens, FLT drives into storage racking and said racking collapses and kills two employees and causes £5m worth of damage to warehouse and stock, lost revenue, lost orders, rebuild of warehouse, prosecuted by HSE and taken to Civil court for damages etc etc.
Get qualified to teach @ £1k? or do the above!!!
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Posted By Michael Miller
If a HGV drivers licence ran out could he still drive? answer this! is if you are an approved trainer/examiner and your credentials expire are you legally allowed to perform this activity? If the employer will not pay for your training how can he be expected to earn a living from you? One final thought on prosecution. review Sec 37 of HASWA Offences by bodies corporate and answer your own question. I think it is time to move on. He expects you to save his bacon when the chips are down but he will not support you, tell him to sling his hook. Better still show him Sec 37
Nice chatting to you
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Posted By Geoff Burt
Once you take and pass a training course for the specific type of FLT, you are issued with a certificate and it does not 'run out'. There is no specific legal requirement for retraining or passing another test.
In the ACoP the HSE talk about the desirability of refresher training - but do not come out with a firm statement that it is a requirement.
It refresher training is undertaken (something we would all obviously recommend) this can be done in-house and is usually quite a basic procedure.
I'm basing this on factory premises, construction sites etc as I don't know what the situation is for FLTs on highways?
Geoff
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Posted By Geoff Burt
I probably shouldn't have added 'construction sites' - although the legal situation remains the same the MCG among others insist on CTA or similar cards and these do run out.
Geoff
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Posted By Hilary Charlton
Geoff
Yes, I thought that was the case as well and actually, when the HSE visited us last week we put the question to them about our FLT trainer who was trained before the criteria changed. They said that as long as he is up to date with new legislation he could continue to train.
Notwithstanding this though, I have seen FLT certificates with expiry dates which seemed a little odd at the time - maybe someone, somewhere is trying it on in an effort to retrain everyone every so often so it is money in the coffers so to speak.
Back to the thread ...
If your FLT trainer certificate has expired then don't train - go to a different trainer, get refreshed and get a certificate without an expiry date.
Hilary
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Posted By Geoff Burt
Hilary
Actually, I think I may have misunderstood the question.
I'd assumed the initial contribution was from a FLT certificated driver training other FLT drivers.
I don't have any experience of FLT trainers certificates/licenses and perhaps they do 'run out'.
You're right about the certicates of FLT drivers - the trainers/suppliers have seen a market where they put a date on the certificate (usually 3 to 4 years) to get repeat business.
In the ACoP they provide a checklist for refresher training and most of our clients use this (or at least an improved version of it) for in-house training.
Geoff
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Posted By Bob Matthews AIIRSM
Hi all
Many thanks for all of your responses, my instructors licence was issued by an ITSSAR course provider, I can control the FLT operators at work but have no control over them if they leave and the risk of prosectution is too great to carry on training as the licences I give are recognised in the EU I find HSE very helpful and wouldn't want to fall foul of them. Thanks again for your help
Regards
Bob
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