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Posted By renown
Is there any legislative requirement for a fork lift driver to have a certificate of fork lift training. I'm having a few problems convincing management that we need to prove competence of the driver/s in the case of an accident.
The only legislation I can find is the HASAW Act 74, where we must provide training, information etc.
I'm quite sure our insurers would also have a say on this.
Thanks
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Posted By Alexander Falconer
Hi
There is a code of practice available (COP 26) that provides further guidance on FLT training - para 21 states the employer should keep records for each employee, etc, etc,
The record should either include or record the details of a certificate of basic training prepared by the instructor (normally RTITB approved)
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Posted By terry mallard
Look under the requirements of LOLER and PUWER also regarding training and information . From what you write, i trust your FLT are being throughly examined as well.
Also look at what training/information has been provided to those who supervise or manage the use of FLTs-the law extends to them also.
The "acop" mentioned above is Legal requirement and that what would be expected to be complied with.
There is plenty of case law around regarding FLT accidents/incidents to convince your company, let alone enforcement action would be likely to be taken requiring FLT operators to have recieved and passed basic training from a recognised/acredited body
Regards
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Posted By ITK
Provision and Use of Work Equipment Regulations 1998 Regulatiuon 9 also relates to training.
Also like to point out that an ACOP is NOT a legal requirement.
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Posted By Alexander Falconer
Would also like to point out, as ITK rightly said the COP is not a legal requirement, however failure to follow guidance supplied in a COP can be used in evidence against you.
Redmember the highway code (COP) failure to follow this meant prosecution against the the road traffic act (legislation)
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Posted By renown
Many thanks for all the advice. Hopefully this will convince management that it is a legal requirement and not best practice as they suggest
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Posted By Catman
Hi Renown
In addition to the above...... enforcing authorities in my area have used the PUWER Regulation 9 (requirement for training) as basis for prosecution in the past, after an accident, involving an untrained forklift driver.
This may help convince your managers.
Catman
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Posted By Ken Dickson
Is it a LEGAL requirement that fork truck operators have a certificate of training / licence? No it is not a LEGAL requirement that they have such a certificate. If it were there would be defined content for the training, but it is a LEGAL requirement that they receive adequate training / instruction to ensure their, and others, safety at work. How are you going to provide evidence of that training / instruction without having a record that they have been trained? That record of training is normally called a certificate of training.
In addition the training should be relevant to the type of truck they will be operating. If they are to be operating a reach truck, the training must cover the operating principals and risks associated with that type of truck.
Regards,
Ken
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Posted By Lynne Ratcliffe
HSE L117 Rider Operated Lift trucks - operator training
Give precise and legislative guidance on operator training, as further detailed in HS(G) 6 Safety in forklift trucks.
hope this clarifies that there is a legal requirement for flt operator training.
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Posted By Frank Hallett
Hi renown - what Ken Dickson said is best advise!
Also, ensure that your employer has actually defined the essential standards to be achieved for the employer to define what their version of "competent for FLT drivers" is.
There is no legislative minimum syllabus nor "pass mark" so each employer should be defining their own based upon HSE ACoP, Guidance and the employers need.
Frank Hallett
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