I have been a forklift instructor for oil & gas, construction, and other industries for many years. Additionally, I have trained Vermont State employees and a wide array of other organizations. I am experienced in the operation of many makes and models of forklifts including loaders, extenda-boom, order pickers, pallet jackers, walkies, electrical, propane, etc.–all of which have varying load capacities. 2. Several things could have been done. First, I would examine the training of the operator since many industrial accidents occur because of a lack of training. Training is required under the 1910.178(L) standards. Secondly, it is standard practice to conduct a pre-task plan or job safety analysis prior to forklift operations throughout industry, so I’d examine whether or not that was done. Thirdly, I would look at the area to see if the employer removed known, potential, and recognized hazards from the work area. Next, we could examine the mechanics of the forklift since these typically have alarms that sound in reverse. Why didn’t that go off to warn the injured employee? I could even delve into this matter in more depth, but I’ll leave it there for now. I have experience assisting employers and general counsel of these employers in fatality cases. I have assisted in getting these types of matters settled prior to court because negligence under tort laws can be easily proved by utilizing existing OSHA regulations. My experience has been in a consulting capacity where I provided research, reports, and analysis cases such as these.
