In a 2016 bulletin, OSHA addresses the responsibility for training temporary workers to operate forklifts and other powered industrial trucks (PITs) safely at a host employer’s worksite. The OSHA standard requires employers to develop and implement a training program based on the general principles of safe-truck operation, the types of vehicle being used in the workplace, the hazards of the workplace created by the use of the vehicle, and general safety requirements.

To be effective, OSHA says training must address the unique characteristics of the type of vehicle the temporary worker is being trained to operate. In addition, employers must ensure that operators have successfully completed required training prior to operating PITs in the workplace.

How does this work when temp workers are involved?

Who has responsibility for training, evaluation, and certification?

The host employer and staffing agency share responsibility for training temporary workers in operating powered industrial trucks, according to OSHA. The training requirements for a powered industrial truck operator are performance-oriented. This permits employers to tailor a training program to the characteristics of the workplace and the specific types of powered industrial trucks operated.

Determining the best way to protect workers from injury largely depends on the type of truck operated and the hazards of the worksite. While both the host employer and the staffing agency are responsible for ensuring that the employee is properly trained in powered industrial truck operations, the employers may decide that a division of the responsibility is appropriate. As a recommended practice, OSHA says the staffing agency and host employer should jointly review the task assignments and job hazards that would include the type(s) of powered industrial trucks workers will operate to identify and eliminate potential safety and health hazards. The details of the training and protections each employer will provide can be clearly established in the language of the contract between the host employer and the staffing agency. However, OSHA cautions that neither employer may avoid its ultimate responsibilities under the OSH Act by requiring another party to perform them.

Generic versus site-specific

According to the OSHA bulletin, generally, the staffing agency is responsible for generic powered industrial truck training and the host employer is in the best position to provide the necessary site-specific powered industrial truck training and evaluation, as the host employer is most familiar with the equipment being used and controls the conditions of the worksite.

Further, OSHA says that such training and evaluation should be the same as that provided to the host employer’s own employees in the same jobs.

Both staffing agencies and host employers must ensure that temporary workers receive proper generic and site-specific training and evaluation. It is the staffing agencies’ obligation to take reasonable steps to inquire about the host employer’s training program and have a reasonable basis for believing that the host employer’s powered industrial truck training adequately addresses the potential hazards of operating powered industrial trucks to which its employees might be exposed at the host employer’s worksite.

Refresher training

Refresher training is required whenever an operator demonstrates a deficiency in the ability to safely operate the powered industrial truck or an incident involving a powered industrial truck has occurred. The need for refresher training may be recommended by the staffing agency if the temporary worker is involved in an incident, but the need for refresher training is usually best determined and provided by the host employer, OSHA says.

Compliance point - Evaluation always required by host

In a particularly important point, OSHA says that even if the staffing agency supplies trained powered industrial truck operators, the host employer must still verify that training and provide site-specific information and training on the particular types of powered industrial trucks and working conditions present at the worksite. The host employer must also conduct a workplace evaluation of each operator supplied by the staffing agency. The extent of the training and evaluation provided by the host is based upon the operators’ past experience and may not need to be duplicated or as extensive as the initial training and evaluation.

Records

Employers must certify that each operator receives the training and evaluation, and also re-evaluate each operator at least once every three years. If the staffing agency is providing trained powered industrial truck operators, it may be in the best position to keep training and evaluation records. In such cases, OSHA says the host employer may choose, but is not required, to maintain or store additional copies of the powered industrial truck training records of temporary workers. However, the host employer must know where the training and evaluation records are located and they must be accessible to an OSHA compliance officer during an inspection.

As a recommended practice, the host employer and staffing agency may agree to share training records to ensure both parties are able to verify that the training is completed. Communication between the staffing agency and host employer is essential to ensure that the worker is competent in the operation of the powered industrial trucks being used. In addition, communication between the staffing agency and the temporary worker is crucial to ensure that the worker is not being assigned to work with powered industrial trucks that he or she may not be competent to operate.