Yes. Hiring an outside consultant / trainer to conduct safety training can be effective however doing so does not completely fulfill your employer responsibilities. You must train, supervise, observe, manage, discipline, and re-train your employees in order to insure that you achieve and maintain a safe workplace. "The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l)." (OSHA 1910.178 (l)(6))

The outside consultant / trainer can provide exceptional quality training content and can conduct written, verbal, and operating skills evaluations but the employer has the final responsibility for licensing or authorizing the employee to operate the equipment in the workplace. Training must include "an evaluation of the operator's performance in the workplace." (OSHA 1910.178 (l)(2)(ii)) The employer must perform this final step in the training process. We can assist in the performance of these evaluations, if you wish. Call for details.

The employer must not rely solely on the fact that the employee attended a training class, nor assume that successful completion of the trainng class constitutes a certainty that the employee can or will operate safely.

The employer must provide additional load handling and workplace specific training, to cover special operating conditions or load handling procedures, if not already included in the training sessions. We can assist in providing this type of training if desired. Call for details.

Further, the employer must observe, supervise and manage the employee, and take corrective action if operating practices are not correct and safe, or if damage occurs to materials or equipment. The summary judgements issued by safety authorities following accident investigations always include instructions to the employer similar to the following, regardless of what or who caused the accident:

• The employer shall ensure that established company safety procedures are followed at all times.
• The employer shall develop and implement a written procedure for handling dangerous or unusual loads.
• The employer shall periodically inspect the workplace for potential safety hazards.

The consultant / trainer should not deliver certificates or license cards directly to the employees. License cards and certificates of completion for training should be delivered to the employer who may issue them to the employee only if the employer is satisfied that the employee has the physical skills, mental attitude, and knowledge to operate the equipment safely in the workplace.

We strongly recommend that company owners, managers, and supervisors be given the same training as the employee operators so that they are better able to observe, evaluate, and supervise the employees.

According to the written OSHA Standard and its interpretations, it is the employer’s responsibility to provide training for the employees, to observe them, to supervise and evaluate them, and to discipline them, including removing them from forklift operating responsibilities if they are deemed unfit to operate properly and/or if their operation of the equipment presents a danger to other employees.

Thus, on the license cards, the “Issued By” entity is shown as the employer’s name. We are identified as the “Trainer” but the license card is Issued By the employer.

We mail the license cards and certificates to the employer along with a cover letter showing the written test score and our summary of the driving evaluation. The employer issues the license to the operator and revokes it if necessary.

We also provide on-site or in-plant training and evaluations if needed. Thus, if you need to have your operator(s) trained on some specific equipment operating procedures, load handling procedures, or workplace hazards, we will provide that as well.

For new trainees who have never operated forklift equipment, we offer to have them return to our dealership for additional practice time or we will come to their workplace and supervise them for up to one hour at no additional charge. Typically, 30 to 45 minutes of practice time will have them operating comfortably and confidently.

If an employee does not make an acceptable score on the written exam and/or has an unacceptable performance on the driving evaluation, we notify the employer immediately that additional training and evaluation is required before the employee should be allowed to operate the equipment in the workplace.

For individuals or unemployed persons who participate in and complete one of our operator safety training programs:

• We do not provide a "License" or "Operator Permit" card. See the section above titled "Certification and Licensing of Operators for an explanation of "licensing".
• We do provide a "Record of Training" card. The "Record of Training" card is simply evidence of your participation in the training program, showing your name, the date of training, the type of equipment for which you were trained, and our identification as the training provider.
• The back side of the card is imprinted with the following message: This card is a Record of Training. The person named on the front side of this card has participated in operator safety training as required by OSHA 1910.178. Operator Permit cards (license cards) are issued to employers for issuance by them to their employees according to the OSHA Standard 1910.178. If you are an Employer and you would like to have this person issued an Operator Permit card, please contact Neon Material Handling, Inc.

See below for an image of the back side of the Record of Training card.

Before you spend time and money participating in operator safety training, you should do what you can to insure that:

• Our training program meets the employer's standards or requirements.
• The prospective employer will accept the "Record of Training" card as evidence of training.
• The prospective employer will, upon hiring you, either issue their own license card, if they require them, or request one from us. Currently we do not charge for providing limited quantities of these cards.

If your prospective employer or you have any questions, please do not hesitate to contact John Jordan by telephone at 216-587-0400 or via e-mail at johnj@neonmh.com.

The image above shows the Notice that is printed on the back side of our Record of Training card.

The answer to this question is both No and Yes.

When you certify your employee to operate your equipment in your workplace, and issue the employee a license card, the license or certification is for your workplace only. The license card shows your company as the issuing entity. The license or certification is not like an automobile driver's license which is good anywhere. It is a license or certification for your workplace only.

1910.178(l)(1)(i) - The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph.

1910.178(l)(5) - Avoidance of duplicative training. If an operator has previously received training in a topic specified in paragraph (l)(3) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely.

If the employee leaves your employment and becomes employed elsewhere, the new employer must follow these same OSHA Standards and "ensure that the powered industrial truck operator is competent to operate a powered industrial truck safely."

Whether or not your employee takes his license card with him when he leaves your employment is not important. The license card is not a certification or license for him to operate a powered industrial truck in the new workplace. At most, it is evidence of prior training.

The new employer may or may not accept the prior training as appropriate for his workplace. It is the new employer's responsibility to verify that the employee has received appropriate training and/or to provide appropriate training for the equipment and working conditions of his workplace.

We recommend that each employer administer both written and operational tests to verify the knowledge and skills of newly hired employees, regardless of when and where they received prior training. We also recommend that each employer conduct periodic observations and evaluations of each employee's operating skills and practices and that a written record of these evaluations be maintained. We have forms available for conducting these observations and evaluations.

If you are an employer, we will supply replacement Operator Permit (License) cards according to our training records, for issuance by you to your employees.

If you are an individual who is not affiliated with an employer or an individual who previously attended training conducted by us on behalf of a former employer, we will supply a Record of Training card according to our training records.

If you are no longer employed by the employer who provided your training, we will issue the Record of Training card which can be used as evidence of prior training for a prospective or new employer.

Your current employer can then contact us and request that a replacement Operator Permit (License) card be issued showing the current employer as the "Issued by" entity.

We do not issue license cards to any individuals. We issue or provide license cards and replacement license cards (Operator Permit Cards) to employers for issuance by them to their employees.

The only type of card we issue to individuals is the Record of Training card.

If your lift truck operators have been previously trained according to OSHA 1910.178 (l)(3), OSHA Standard 1910.178 (l)(4)(iii) states, “An evaluation of each powered industrial truck operator’s performance shall be conducted at least once every three years.”

The exact procedure to use for this "evaluation" is not defined in the Standard however we recommend that refresher training be conducted including a written exam and an operating exercise to verify that the employee knows the rules of safe operation and uses the correct operating techniques.

Send e-mail to johnj@neonmaterialhandling.com for additional information on how to perform the written and driving evaluations or to schedule a visit by us to your plant to perform the evaluations of your employees.

See Refresher Training for additional information regarding other circumstances in which refresher training is required.

OSHA 1910.178(l)(4)(i)
Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by paragraph (l)(4)(ii) to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.

1910.178(l)(4)(ii)
Refresher training in relevant topics shall be provided to the operator when:

1910.178(l)(4)(ii)(A)
The operator has been observed to operate the vehicle in an unsafe manner;

1910.178(l)(4)(ii)(B)
The operator has been involved in an accident or near-miss incident;

1910.178(l)(4)(ii)(C)
The operator has received an evaluation that reveals that the operator is not operating the truck safely;

1910.178(l)(4)(ii)(D)
The operator is assigned to drive a different type of truck; or

1910.178(l)(4)(ii)(E)
A condition in the workplace changes in a manner that could affect safe operation of the truck.

1910.178(l)(4)(iii)
An evaluation of each powered industrial truck operator's performance shall be conducted at least once every three years.

Yes, you are responsible for insuring that those contractors and temporary workers are trained, and also for monitoring their work practices to see that they are operating the equipment safely and not endangering themselves or your regular permanent employees.

You can hold the employer (contractor or agency) responsible for the cost of the training as well as for seeing that their employees are trained and certified before they enter your workplace to perform work, but you also must verify that they have been trained and you must take care to monitor their operating practices to see that they are operating properly and not endangering your employees or themselves.

Although the OSHA Standard strictly states that the employer is responsible for training, evaluating, and certifying or authorizing his/her employees, you are also responsible for any other persons who may operate equipment on your premises. The key is that you must provide a safe workplace for your employees and not allow untrained operators to operate equipment in your facility which may endanger your employees.

First, as an employer, you must act according to the General Duty Clause of the OSHA Standard, to insure that you provide a safe working environment for all employees.

Second, the EEOC says you cannot automatically disqualify someone because of a past criminal record. You can take it into consideration, but you have to have a "sound business reason" for not hiring someone with a conviction.

Third, as an employer, you do need to protect yourself against claims of negligent hiring.

Therefore, before hiring anyone, it is reasonable to employ minimal background checks which may include some or all of the following, depending upon the nature of the work and pursuant to compliance with federal, state, or local laws. You must have an application form for collecting certain types of information and it is recommended that you consult an employment attorney.

• county criminal records (felony only, felony and misdemeanor, misdemeanor only)
• prior employment verification
• education verification
• physical condition (sight, hearing, etc.)
• licensing verification
• motor vehicle record
• credit (use care to remain in compliance with the Fair Credit Reporting Act)
• Social Security number (collect a minimum of two forms of ID for completion of INS's I-9 Form)
• reference checks

The OSHA Standard does not include any requirement that an operator have a valid motor vehicle operator's license in order to operate powered industrial trucks.

However, as an employer, you may establish conditions and elegibility requirements for your employees for employment and for continuation of employment in order to maintain the standards of safety and security that are required by law.

The ANSI Standard B56.1 states, "Operators of powered industrial trucks shall be qualified as to visual, auditory, physical, and mental ability to operate the equipment safely ..." You may elect to make the possession of a valid motor vehicle operator's license a condition of employment as a powered industrial truck operator because it embodies these physical and mental prerequisites.

It is best to have your policies and procedures related to motor vehicle and powered industrial truck licensing clearly defined and documented, and to make this information available to applicants at the time they apply for employment.