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Posted By Rob Jones
Hi all,
I'm trying to reduce the risks associated with the operation of lift trucks on our site. Trucks are used by trained drivers, in a yard/loading area (which is a mixture if tarmac, concrete and block paviors) and in a warehouse which has a smooth concrete floor.
In particular I am considering requiring the compulsory use of seat belts, but our warehouse manager has concerns from the point of view that the tasks on the truck involve a lot of getting on and off of the truck and hence the use of seat belts is impractical.
My reading of the hse advice ( http://www.hse.gov.uk/pubns/misc241.pdf) is that unless the floor is smooth AND the job requires repeated dismounting AND the speeds likely to be used are low then seatbelts must be worn.
Does anyone have experiences of anything similar?
TIA
RJ
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Posted By John Jones Grad IOSH
Hi Rob !
When operatives of FLT's are trained, they are taught to wear a seat belt at all times. It is a legal requirement under PUWER 1998 that FLT's that were manufactured after the 5th December 1998 must have a restraint fitted i.e a seatbelt. Those manufactured before this date were given 4 years in which to implement the fitting. The actual section of the reg states '26 Regulation 27 requires restraining systems to be fitted to certain fork lift trucks if there are risks (particularly crushing between the truck and the ground), should the truck overturn. This would apply for example to seated, centre-control, counterbalanced fork lift-trucks'.Taking a step back and looking at the risk assessment, can your managers totally eliminate the risk of their FLT's overturning ? I think you'll find the answer is no. There's lots of scenarios what can cause a FLT to overturn and take it from me i've seen plenty of pictures of this occurence and they are horrific !An experienced operator can drive an FLT and wear his seat belt all the time and still do the job he is asked safely. Rob ! Tell your managers, no insist that this is a no brainer and that if they insist on this course of action then what the potential consequences are to them ! Huge Fine or Jail !!
Cheers JJ
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Posted By John Jones Grad IOSH
Rob !
Just a quick thought ! Ask the manager what sort of speeds does he think a FLT will need to do whether it's loaded or unloaded and doing a sudden sharp turn. The HSE did trials on this subject years ago and a loaded truck turned over at just over 4mph and an unloaded truck turned over at 3.2mph !! FLT's don't go much above 5mph anyway, especially electric trucks on a nice smooth floor.
Cheers JJ
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Posted By Peter Leese
A no brainer, mmmmmm.
Take a builders yard and well trained disciplined FLT operatives. No serious accidents in over 40 years of operation and certainly an FLT has not turned over.
All FLTs have covered cabs and anti roll bars.
Then look at the activities, the speed they travel at, the ground conditions, condition of the trucks, others in the vicinity, and the number of times they are on and off the trucks.
So in this environment the drivers are not wearing belt, it is not mandatory for them to do so and and there is no good reason for it.
Yes I agree it is a no brainer.
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Posted By John Jones Grad IOSH
Peter !
so why do manufacturers fit seatbelt and training organisations train the operatives to wear seat belts at all times. Mmmm perhaps its so the truck looks pretty with it on. Then again you can always tell that to the relatives of people who have fell out of trucks and been killed, i'm sure they'd appreciate your comments. Covered cabs are to stop materials falling onto cabs and the roll bar is to protect them if they stay within the confines of the truck when it rolls. Oh yes and they've got their seatbelt on.
Regards JJ
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Posted By Rob Jones
I find the point about the fact that there have never been any accidents an interesting one. On my site we have never had an FLT overturn in 22 years of operating the items and during this time seatbelts have not been worn. But I don't know if there was an overturn that the HSE would accept the history of no overturns and a reason for assuming the risk is a negligable one. I would guess that in all cases where an FLT over turn has lead to a fatality on a site, that it was the first time an FLT had overturned, there has to be a first time for everything!
I agree with the warehouse manager in that it will virtually impossible to enforce the rule. Does anyone have any suggestions here on how this enforcement can be done? Its not practical to follow ever driver around to check and when no-one is around it would be back to the old ways.
Does anyone have eny experience of how a court would view this? i.e. IF the wearing of seat belts was mandatory and this was trained to ops and they signed for reciept of the training, if they subsequently did have an accident and were not wearing it I would like to think that the HSE would prosecute the operator under the HSAWA. I suspect that they would actually prosecute the employer for not enforcing the rule.
RJ
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Posted By John Jones Grad IOSH
Rob !
Can you ring me direct on 07825095561 and we can have a quick chat. It might be to your benefit.
Regards JJ
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Posted By Bob Youel
You do not need an accident to happen to have broken the law - additionally the 'we have not had an accident in 30 years' argument has been blown out of court on many occasions [Revise your case law]
Managers that I knew of who worked in a similar situation argued that the wearing of seat belts could not be enforced and it slowed the job down
The arrival of a new director sorted the situation in less than a month - employees now produce more and wear their seat belts whilst doing so! Additionally moral has risen as there are clear rules and guidelines in place and the new director insists that the workforce is spoken to, consulted and involved
Needless to say a lot of the older managers do not work there anymore
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Posted By Rachael Palmer
Rob,
As previous participants have stated, the seat belts are there for a purpose. To keep the person inside the protective cage if / when the FLT rolls over.
Would any of your managers like to stand up in the coroners court and explain to the coroner, in front of the deceased's family why the seat belts aren't used at your business?
Rachael
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Posted By Peter Leese
My reading of the hse advice ( http://www.hse.gov.uk/pubns/misc241.pdf) is that unless the floor is smooth AND the job requires repeated dismounting AND the speeds likely to be used are low then seatbelts must be worn.
Rob - better to go back to your own reference above. If you meet that criteria then you meet it.
My point of mentioning the 40 years was to show it is a low risk environment - the HSE talk about significant risk in this respect - the accident rate I've mentioned ie 0 in 40 years cannot be considered to present a significant risk in any language - 'oh yes it can' I hear cried.
Of course I can't cater for the risk averse amongst us, but I can take a pracical and pragmatic approach and attitude based on reasonable experience and variety of different work places.
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Posted By Rob Jones
QUOTE:
My reading of the hse advice ( http://www.hse.gov.uk/pubns/misc241.pdf) is that unless the floor is smooth AND the job requires repeated dismounting AND the speeds likely to be used are low then seatbelts must be worn.
Rob - better to go back to your own reference above. If you meet that criteria then you meet it.
My point of mentioning the 40 years was to show it is a low risk environment - the HSE talk about significant risk in this respect - the accident rate I've mentioned ie 0 in 40 years cannot be considered to present a significant risk in any language - 'oh yes it can' I hear cried.
Of course I can't cater for the risk averse amongst us, but I can take a practical and pragmatic approach and attitude based on reasonable experience and variety of different work places.
END QUOTE
Hi Peter,
I have no need to revisit the HSE advice as I fully understand it. What I was asking for was experiences of similar environments and if in these environments the HSE advice had been followed to the letter. Your example showed a similar workplace to mine and showed that the current HSE advice had not been followed, (unless the trucks were speed limited such that any sharp change in direction meant the rollover was impossible) which is the approach that our warehouse manager would like us to take.
I'm not sure that I can agree that the fact that there were no (significant) accidents in a 40 year period automatically means that the risk is low. Although the historical accident rate should be something that is considered when deciding the level of risk, along with an assessment of the workplace and the operators, it in itself can not be relied upon as the only measure of the risk in the future.
I would still be interested to hear from any one who has had experience of HSE enforcement on the seatbelt issue.
Thanks
RJ
PS Cheers to John for his help over the phone.
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Posted By Peter Leese
Quote:Although the historical accident rate should be something that is considered when deciding the level of risk, along with an assessment of the workplace and the operators, it in itself can not be relied upon as the only measure of the risk in the future.
End quote:
If you reread my first contribution you'll see the accident rate was just one of a number of other considerations I mentioned. I find it odd how the focus jumps to just one point and ignores the other equally valid points.
I referred you back simply because it refers (first page second column) to insignificant risks of overturning when trucks are used on level smooth surfaces and their speed is restricted within safe limits.
Also if the trucks have enclosed cabs and the door cannot be automatically held open - then there is no chance of falling out if the cab overturns.
Rollover is a different matter, but is is hard so see how a truck used under controlled conditions in a warehouse could roll over - oops I can feel another disparaging comment coming on John (Jones Grad IOSH).
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Posted By Steve Cartwright
Now Now There There
All the dummies been thrown.
We have had a few visits from the EHO regarding workplace transport. One of the areas they looked at was FLT's and safe systems of work, and guess what they mentioned the use of seat belts. They recommended that they should be worn at all times.
Hope this helps.
Steve
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Posted By Peter Leese
It's taken me ages to find this but is part of a memo put out as a result of a visit by an EHO and agreed with the EHO.
Following a visit to the premises from the XXX Council Environment Health Officer the following requirement has been agreed with the Environmental Health Department, Management and our Health and Safety Consultant.
With immediate effect, and to protect the health and safety of Fork Lift Truck operatives, seat belts must be worn when operating Fork Lift Trucks on the sloping ground towards the bottom of the yard if a build up of surface materials, or adverse weather such as ice and snow, could result in unsafe working conditions.
There are no exceptions to this.
The slope was not considered to be particularly significant but in the event of an emergency stop whilst turning it was thought there would be an increased risk.
However the point is the EHO was quite happy for belts not to be worn on the even surfaces.
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Posted By John Jones Grad IOSH
Sorry if i come across as disparaging but it is only born out of frustration and accidents that i either heard about when i was a FLT instructor or pictures of 'mousetrap' type deaths that i've seen. At the end of the day we are all fellow professionals striving for the same thing at work and that is the safety of our colleagues. we all have opinions and wether they are right or wrong this discussion forum is to help people pool their knowledge and share with others. Hopefully then we will be able to give the right advice to those seeking information.
regards JJ
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Posted By Peter Leese
Maybe John, but I'll guarantee you haven't changed your point of view and won't! Whereas I have promised myself to take another look at our client practices just in case!
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Posted By Peter Leese
so why do manufacturers fit seatbelt and training organisations train the operatives to wear seat belts at all times. Mmmm perhaps its so the truck looks pretty with it on. Then again you can always tell that to the relatives of people who have fell out of trucks and been killed, i'm sure they'd appreciate your comments.
Professional comments?
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Posted By John Jones Grad IOSH
Peter !
Your right i won't change my opinion and for another bit of advice ring your insurers up and tell them that you are willing to let your operatives drive FLT's without wearing seatbelts. I'm sure they'd be quite interested in that. Oh and see how your premium goes up !! Thats if they are still willing to insure you.
regards JJ
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Posted By Rob Jones
Peter,
I have full read your 1st post and as I said found the experience you've had useful for me. BTW I use the 'QUOTE' flags as the forum does not provide this functionality, and adding this makes in easier for other to rad the reply post.
John,
I had not considered the isurance route, which is odd as I've used this card before myself. A call to our insurers in the morning I think.
RJ
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Posted By mintw
Our factory also has same situation as described by Rob.
We had 2 HSE inspectors visit in 6 months. The first inspector mentioned and highlighted that "It is not a legal requirement for FLT drivers must wear their seat belts." But the second inspector insisted that seat belts must be worn all the time.
We decided to do a detailed risk assessment on this issue to demonstrate that seatbelts are not necessary to be worn in the warehouse. But I don't know if this is a good idea to show to the HSE?
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Posted By Steve Cartwright
As previously stated in earlier responses different HSE/EHO Inspectors have different views.
If you have an incident where a FLT driver is seriously injured or killed and it was found that he/she was not wearing the seat belt that was fitted to the truck.
The chances are you/company will be in deep doo doo. Remember the company could also turn round and say they were following the advice from their own and I use the term loosley COMPETENT H&S advisor/manager/officer.
You can argue the toss all you like on this forumn whether to wear one or not, it will not make a blind bit of difference to the Judge.
The argument of not having an incident in 40 years will not wash either. I can just see the Judge nodding his head and saying REALLY THE FLT DRIVER MUST HAVE BEEN REALLY UNLUCKY THEN TO FALL OUT OF THE CAB AND GET CRUSHED.
For those who have been advised by a EHO/HSE Inspector that they do not have to wear a seatbelt at all times, get it in writing from them specifying where and when you don't have to wear one.
At the end of the day all the FLT Driver has to do is pull the belt round his waist and clip the buckle in. It does not cost any money and takes about 2 seconds to do.
I would say it was reasonably practicable to wear one wouldnt you.
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Posted By Chris Jerman
I too have had this debate with the HSE. Subsequently, I am in agreement with Peter here. It is the role of the enforcement agencies to enforce the law - not controls. If your assessment is that seat belts are not necessary under certain conditions then that's your decision. Where it is necessary in your view then it must be enforced. If this is not the way, then we should sack ourselves as safety pros and simply let the insurance company and local officer tell us what controls we must have.
Isn't this the point of self regulation? Clearly it hinges upon the ability to make judgements competently, but that's another argument.
The emotive elements really don't help here. This should be a factual debate about legal principles. The wearing of seat-belts is not mandatory across the board. Whether or not you feel it is a damn good idea or not is not part of the argument.
Chris
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Posted By Rob Jones
Chris,
I would fully agree with you.
The legal position is clear, what I'm struggling with is the assessment of the level risk.
In pure safety terms it makes perfect sense to require seatbelts to be worn, even if the risk of overturning is small. But the counter argument would be one of "H&S manager imposing rules where they are not required!". Having never driven an FLT means I can not draw from personal experience and hence all the information I can glean is either written advice or from my observations of FLT use on my site.
Moving away from pure safety to my culpability for any offence arising from a fatality and with insurance in mind I am inclined to insist that the belts are worn.
Hummmm.
RJ
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Posted By Steve Cartwright
In a previous life part of my role was to drive FLT's (14 years experience).
I can't see what all the fuss is about. If there is a seat belt on the truck wear it.
Like I said in a previous response, it does not cost anything and takes about 2 seconds to clip it in.
Remember FLT's can kill and do so every year so just remember as Jimmy used to say clunk click every trip.
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Posted By Dave West
Ok so some have never had a overturned truck but does this mean it will never happen?
I am an ex flt driver and i dont go with "the smooth floor" arguments. I think any RA worth its weight would say compulsory wearing of seat belts. I have seen trucks overturn and everyone of the guys driving said the same thing and that was they tried to jump out but the seat belt stopped them. The environmental conditions where the truck is being used dont even come into it when human error is a factor ( Driver turning with a raised load)We had a well maintained truck lose a wheel once, ok it was down to a fault part that had been replaced but it still happened.
I ask you this, is it such a difficult thing to wear a lap belt? I was a multi picker so i had to keep getting on and off and you get used to it so much it become second nature to do it.
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Posted By David Horenr
The myths go on and on – only very specialised forklift trucks with extremely short masts would require a rollover protection system (ROPS) because the mast would prevent the truck from rolling through more than 90o. The device referred to in much of the correspondence here as rollover bars is in fact an overhead guard, a device to protect the operator from items that may fall from above during stacking operations (these items would not withstand the prevailing forces during rollover).
The amending directive to the use of work equipment directive (PUWER in the UK) does require Operator Restraints to be fitted (HSE Guidance defines ISO 6683 as the standard for the security of these devices).
Our framework legislation requires the provision of safe systems of work and cooperation from employees to use these safe systems. Therefore if your companies internal controls state quite clearly that operator retrains must be worn, then so be it.
I’m concerned that with virtually 10 years passing since the coming into force of PUWER, this subject is still being debated. Fork trucks, particularly four wheel counterbalance variants are inherently unstable. Prior to my current poet I spent 30 years working in the mechanical handling industry; and I saw the results of rollover on many occasions, not pleasant.
David Horner
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Posted By SCOTT M
Rob,
I work in a similar environment as yourself with a large Warehouse / Transport operation.
Several months ago I introduced a seat belt policy for the first time ever at the site and it was a fairly trying period, however 4 months on it is common practice and it is very rare to see an FLT operator without it.
Just keep on talking to the guys and let them know the reason for it.
Keep the faith and it will happen.
Scott
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