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Kennyt  
#1 Posted : 10 July 2018 12:44:03(UTC)
Rank: New forum user
Kennyt

Is it mandatory that seat belts are worn when operating fork lift trucks? I am having an issue whereby employees won't wear them as they are in and out of them so often. I know that if the Health and Safety Aurhority were to come into the factory they would expect them to be worn, same as if I was having my OHSAS 18001 Audit. 

The risk of injury can be high where I work, due to the high racking and heavy items in place and unfortunately items have fallen in the past. Where is the information regarding this, all I can find is 'if restraits are fitted they should be worn'. 

Thanks. 

NBBeacock  
#2 Posted : 10 July 2018 12:55:32(UTC)
Rank: Forum user
NBBeacock

Hi, I am a qualified RTITB instructor as well as our company H&S officer. The straight forward answer to your question is Yes, if a seatbelt is fitted the FLT operator is breaking the law by not wearing it as well as supervision etc being at fault for not enforcing the waering of the belt. As a former FLT driver for "Many" years I understand the frustration when you are on and off the FLT but seatbelts were fitted to save lives. When new operators go through training they are instructed that they have to wear the seatbelt and told the consequences if they don't and generally are straight into the habit, older "Refresher" drivers can be a bit more difficult to get into the habit. Probably similar to when mandatory seat belt wearing in cars was introduced.

Kennyt  
#3 Posted : 10 July 2018 12:59:18(UTC)
Rank: New forum user
Kennyt

Thank you NBBeacock, exactly my thoughts but I did wonder was there an alternative. 

I suppose it simply comes down to the safety culture and changing old habits. 

Roundtuit  
#4 Posted : 10 July 2018 13:49:04(UTC)
Rank: Super forum user
Roundtuit

The risks to your FLT drivers are heavy falling objects from high racking whilst you are asking about mandatory seatbelts.

ACoP L117 Rider-operated Lift Trucks item 105 page 21 madates the use (where fitted) of seat belts.

It also talks about appropriate falling object protection structures, which linked with a well designed and correctly loaded racking system should be contemplated for the risks you describe.

Roundtuit  
#5 Posted : 10 July 2018 13:49:04(UTC)
Rank: Super forum user
Roundtuit

The risks to your FLT drivers are heavy falling objects from high racking whilst you are asking about mandatory seatbelts.

ACoP L117 Rider-operated Lift Trucks item 105 page 21 madates the use (where fitted) of seat belts.

It also talks about appropriate falling object protection structures, which linked with a well designed and correctly loaded racking system should be contemplated for the risks you describe.

aud  
#6 Posted : 10 July 2018 14:08:43(UTC)
Rank: Super forum user
aud

Could NNBeacock quote what specific law is being broken please? "Yes, if a seatbelt is fitted the FLT operator is breaking the law by not wearing it..."

Not sure how seatbelt wearing relates to the risk from falling objects, or was it two questions?

George_Young  
#7 Posted : 10 July 2018 14:24:57(UTC)
Rank: Super forum user
George_Young

We dont enforce the use of seatbelts within our warehouse unless an RA indicates so, but we do enforce it at all times while outdoors.

we took that decission based on HSG76 and risk assessments

http://www.hse.gov.uk/pUbns/priced/hsg76.pdf

Operator restraint

391 Operator restraint should be worn at all times when lift trucks are in motion unless, subject to risk assessment: ■ the lift truck operator needs to dismount repeatedly and frequently (eg to position loads on the forks or check stock levels); ■ the truck is used on a smooth, firm, level surface (eg concrete floor); or ​​​​​​​■ the truck is unlikely to be operated at speeds or in ways that could cause overturn due to the nature of the operations being carried out and the area in which it is working.

Kennyt  
#8 Posted : 10 July 2018 15:43:20(UTC)
Rank: New forum user
Kennyt

I am aware of the risks roundtuit, thank you very much. 

Thank you to the others who politely replied. 

johnmurray  
#9 Posted : 10 July 2018 19:46:37(UTC)
Rank: Super forum user
johnmurray

At the local newbuild site, they drive around in front loaders, telehandlers and dumpers, on the public highway, with no seating restraints used...they are fitted. I can no longer be bothered to worry.

Hsquared14  
#10 Posted : 11 July 2018 08:23:35(UTC)
Rank: Super forum user
Hsquared14

Originally Posted by: George_Young Go to Quoted Post

We dont enforce the use of seatbelts within our warehouse unless an RA indicates so, but we do enforce it at all times while outdoors.

we took that decission based on HSG76 and risk assessments

http://www.hse.gov.uk/pUbns/priced/hsg76.pdf

Operator restraint

391 Operator restraint should be worn at all times when lift trucks are in motion unless, subject to risk assessment: ■ the lift truck operator needs to dismount repeatedly and frequently (eg to position loads on the forks or check stock levels); ■ the truck is used on a smooth, firm, level surface (eg concrete floor); or ​​​​​​​■ the truck is unlikely to be operated at speeds or in ways that could cause overturn due to the nature of the operations being carried out and the area in which it is working.

We take the same line with our counterbalance truck.  The nature of the work means that the driver is on and off every other minute, but then we also have a cab on our truck so the driver is protected from being thrown from the vehicle by the cab doors.   Like everyone else I don't see what seatbelts have to do with protection from falling items, they are really protection from being thrown out of the cab if the truck overturns.   Are you worried about the level of protection offered by the cage top of the cab as well?  If so you need to give us a bit more information such as the weight of the object.

NBBeacock  
#11 Posted : 12 July 2018 11:32:15(UTC)
Rank: Forum user
NBBeacock

Originally Posted by: aud Go to Quoted Post

Could NNBeacock quote what specific law is being broken please? "Yes, if a seatbelt is fitted the FLT operator is breaking the law by not wearing it..."

Not sure how seatbelt wearing relates to the risk from falling objects, or was it two questions?

Hi, As a qualified instructor we use PUWER 1998 as the specific legality for the use of seat belts. L117 is purley an ACoP with guidance on how to interpret the law. Even on flat, smooth, level surfaces I could not 100% say than any type of FLT doesn't have the potential to tip over as 100% of this would be down to how the LT is being operated. As a "Competant" operator of an LT with 30years experience which has changed a lot over the years, I can say that wearing a seat belt should be promoted as a life saver. The problem with telling an operator that if they are only moving one pallet and getting on and off the LT they don't need to put the seat belt on is that could be the one single lift that results in an accident. Whenever I use a LT (Which granted is not as much as I have in the past) I am very careful to make sure that I operate the LT as if I am on a test with seat belt fastened etc,etc. If I don't set that example I might as well let people do as they like. Countless fatalities occured last year which could have been avoided if the LT operators had worn aseat belt, not that I know the cases inside out but I would imagine some were "quick on and off" monouvres.

Sorry if this turned into a bit of a rant but I am quite passionate about LT safety after some things that I have seen.

JohnW  
#12 Posted : 12 July 2018 11:58:22(UTC)
Rank: Super forum user
JohnW

But NBB, the original question was: Is it mandatory? The answer is No. I recommend setting down site rules e.g. when the FLT is in a traffic environment with lorries, other FLTs, cars, vans; also if wide loads or other potential risks of instability, uneven surface, slope and any other situations where tip over could occur. Site manager can consult with FLT drivers and together they can define safer jobs where belt wearing is not mandatory.
declangibney  
#13 Posted : 12 July 2018 12:15:20(UTC)
Rank: Forum user
declangibney

In Ireland, the Safety, Health and Welfare at Work Act 2005, Section 13 (1) (g)  (general duty of employees) states "having regard to his or her training and the instructions given by his or her employer, (employees must) make correct use of any article or substance provided for use by the employee at work or for the protection of his or her safety, health and welfare at work, including protective clothing or equipment"

I always interpret this to mean safety belts on vehicles and apply it as such.

thanks 1 user thanked declangibney for this useful post.
NBBeacock on 12/07/2018(UTC)
NBBeacock  
#14 Posted : 12 July 2018 12:22:31(UTC)
Rank: Forum user
NBBeacock

Apologies, although it is mandatory on our company policy, largly because I was on the committee that wrote the policy.

An interesting quote from your post "Site manager can consult with FLT drivers and together they can define safer jobs" Personally I think this is a very dangerous statement and way of working. What is a safe job ? I would imagine every FLT driver that has suffered fatal or other injuries or who has ever had any sort of accident thatought that the job they were doing was safe. The amount of fatalities over even only the last 2 years where it has been stated that if the driver had worn his seat belt he would still be alive, all of those operators would have thought they were doing a safe job. Remember not all accidents are caused by the opertor carrying out an unsafe act, An accident that I personally dealt with was an FLT driver putting a single pallet on a trailer and the driver pulled away from the loading bay, 1 pallet movement. 1 quick easy, safe pallet movement on flat, smooth, even surface. Without going into detail the LT driver wasn't killed but did suffer fractures that if he had worn his seat belt would not have occured.

The HSE has the luxury of retrispect when dealing with accidents and a key aspect in a large percentage of LT accidents is that the operator never had a belt on.

Again only a personal opinion but I would use the way PUWER is written to make seat belt wearing mandatory.

SNS  
#15 Posted : 12 July 2018 15:14:51(UTC)
Rank: Super forum user
SNS

We had our FLTs seatbelt buckles wired to the ignition system, no belt, no go. A couple of operators tried sitting on top of the belts but a written warning soon sorted that out.

 Applying RA and IITS wasn't persuasive enough ...

Kate  
#16 Posted : 12 July 2018 15:31:40(UTC)
Rank: Super forum user
Kate

I'm all in favour of seat belts being used but I don't recall any regulation in PUWER that states "forklift drivers shall wear seat belts".  The ACoP / guidance is exactly the thing to look at because it does mention seat belts.

NBBeacock  
#17 Posted : 12 July 2018 15:51:48(UTC)
Rank: Forum user
NBBeacock

Originally Posted by: Kate Go to Quoted Post

I'm all in favour of seat belts being used but I don't recall any regulation in PUWER that states "forklift drivers shall wear seat belts".  The ACoP / guidance is exactly the thing to look at because it does mention seat belts.

If you look through Regulation 27 it specifically refers to seat belts on lift trucks and the ACoP, there are also mentions on safety belts and seat belts in Reg 25 and 26 which could be applied.

Also SNS,

 We went through the same and ended up issuing warnings, more from the old "I have always do it like this brigade" some of which had been driving for less years than me.

IanDakin  
#18 Posted : 12 July 2018 16:13:47(UTC)
Rank: Super forum user
IanDakin

I believe the ACoP and PUWER inlcude a requiremtn that where a restraining device is fitted it must be used. In L117, it rules that seat belts must be worn, and if one is not fitted to certain types of lift truk, then they must be. HSG 76 is a guidance document issued in 2007. The latest version of L117 was issued after this date and as an ACoP ithas more legal clout than HSG76. The main FLT use and training bodies will also advise to wear seat belts. If you fail to manage this and a counter balance tipps over injuring or killing the operator, there is a good chance you will be prosecuted under PUWER and as you failed to plan safe lifting operations, LOLER.

thanks 1 user thanked IanDakin for this useful post.
NBBeacock on 16/07/2018(UTC)
JohnW  
#19 Posted : 12 July 2018 17:41:25(UTC)
Rank: Super forum user
JohnW

L117 says For older trucks which do not have one (a restraining system) you should fit a restraining system if the risk assessment indicates that there is a risk of the vehicle overturning and where the operator may be trapped between the truck and the ground. Where restraining systems are fitted they should be used’. So, if risks are low the retro-fitting of old lift trucks is NOT mandatory.
Kate  
#20 Posted : 12 July 2018 17:42:09(UTC)
Rank: Super forum user
Kate

No, regulation 27 is:

"Every employer shall ensure that a fork-lift truck to which regulation 26(3) refers and which carries an employee is adapted or equipped to reduce to as low as is reasonably practicable the risk to safety from its overturning. "

That implies (without explicitly stating) that a seat belt should be fitted.  It does not say a driver is committing an offence by not wearing a seat belt.

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JohnW on 12/07/2018(UTC)
Kate  
#21 Posted : 12 July 2018 17:54:48(UTC)
Rank: Super forum user
Kate

And as JohnW has pointed out, L117 says that where seat belts are fitted they "should" be used.  "Should" is not the same as "must" (as I remember came up in a thread here a while back).

Of course it may well be company policy that they "must".

PUWER just does not say that forklift drivers are committing an offence by not wearing a seat belt.

thanks 1 user thanked Kate for this useful post.
JohnW on 12/07/2018(UTC)
JohnW  
#22 Posted : 12 July 2018 17:54:48(UTC)
Rank: Super forum user
JohnW

L117 also says ‘Since 2002, counterbalanced trucks, rough-terrain trucks and side-loading trucks, one side only, must be fitted with an operator restraining system (for example a seat belt)......... Where restraining systems are fitted they should be used. Should does not mean ‘must’, but yes we have to acknowledge the clout the ACoP could have in court in the event of a tip-over accident in circumstances where the risk assessment said tip-over was unlikely and belt-wearing was not mandatory.
Kate  
#23 Posted : 12 July 2018 18:06:16(UTC)
Rank: Super forum user
Kate

No argument from me against making use of seat belts mandatory!

JohnW  
#24 Posted : 12 July 2018 18:08:45(UTC)
Rank: Super forum user
JohnW

Originally Posted by: Kate Go to Quoted Post
No argument from meagainst making use of seat belts mandatory!
Ditto me 🌝
Roundtuit  
#25 Posted : 12 July 2018 18:46:03(UTC)
Rank: Super forum user
Roundtuit

And where there is specific legislation such as driving cars on the public highway please remember an individual can be medically excused from the legal requirement - We had an FLT driver with medical exemption from seatbelt wearing.

Roundtuit  
#26 Posted : 12 July 2018 18:46:03(UTC)
Rank: Super forum user
Roundtuit

And where there is specific legislation such as driving cars on the public highway please remember an individual can be medically excused from the legal requirement - We had an FLT driver with medical exemption from seatbelt wearing.

johnmurray  
#27 Posted : 13 July 2018 06:26:11(UTC)
Rank: Super forum user
johnmurray

"

The Health and Safety Executive’s (HSE) primary guidance on the safe operation of trucks in the workplace is the ‘Rider-operated lift trucks: Operator Training and Safe Use, Approved Code of Practice (L117)’.

The guidance states that ‘In 2002 the fitting of an operator restraining system, such as a seat belt, became a legal requirement for lift trucks. For older trucks, a restraining system should be retro-fitted if there is a risk of the vehicle overturning and where the operator may be trapped between the truck and the ground.’ It continues: ‘that where restraining systems are fitted, they should be used and that covering the risks of not wearing a seat belt must be covered in lift truck training.’ "

http://www.manufacturingmanagement.co.uk/features/buckle-up-your-seatbelts-for-safer-forklift-truck-use

HSSnail  
#28 Posted : 13 July 2018 06:56:53(UTC)
Rank: Super forum user
HSSnail

First let me state that i agree seatbelts should be worn - BUT the question was is it a legal requirement L117 is not just an ACoP but also contains guidance. If you look to the left of the section being quoted about seatbelts "should" be worn it is guidance only not ACoP.  

I you look at the HSE data base of improvement notice for wearing seatbelts  on a forklift the ones i checked all contained addition reasons around either the risk of overturning, or internal procedures. As others have said should an accident occur and the driver is not wearing a seatbelt the enforcement agencies will probably use it as a factor in their prosecution case. 

So for me like most things in H&S there is no absolute offence committed simply by not wearing a seat belt.

Kate  
#29 Posted : 13 July 2018 07:07:57(UTC)
Rank: Super forum user
Kate

I agree with Brian's comments, and it is worth adding that if a seat belt is not worn the question would be "Did the employer tell drivers to wear seat belts?"  If the answer to that is "no" then it is the employer that would be at risk of prosecution - not the drivers!

It is the employer, not the law, that puts requirements on forklift drivers to wear seat belts.   A driver who doesn't wear a seat belt is (if the employer has got this right) in breach of the employer's instructions, not of the law.

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