['Forklifts and Powered Trucks']
['Forklifts and Powered Trucks']
10/18/2024
...
OSHA’s powered industrial truck standard does not specifically address vision/hearing requirements for operators. However, even though OSHA doesn’t specifically address it in the regulation, there are obviously some potential concerns and safety issues and these need to be evaluated in light of the specific operations. In fact, in an October 20, 1976 (edited 2000) Letter of Interpretation, OSHA says that an employer must determine if full vision is mandatory for the operations and advises that appropriate medical personnel be consulted.
And, OSHA has issued other interpretations addressing both visual and hearing impaired potential forklift operators. In general, OSHA states that it considers physical impairments on a case-by-case basis. If the employer can show that a physically impaired employee would be a danger to himself and other employees when operating equipment such as a forklift, the employer has the right to not allow that employee to become a forklift operator. If the employer knew this fact, but allowed the employee to operate the vehicle, OSHA could cite under the General Duty Clause which guarantees all employees a safe and healthful workplace — free of known hazards.
Additionally, the ANSI/ITSDF B56.1-2005 safety standard for low lift and high lift trucks states in Section 4.18 “Operator Qualifications” that operators must be qualified as to visual, auditory, physical, and mental ability to operate the equipment safely.
Ultimately, it is up to each employer (with a physician’s guidance, if necessary) to determine if an employee can operate the forklift in a safe manner.
Also, aside from OSHA, the Americans with Disabilities Act (ADA) may be involved as it prohibits employers from discriminating against individuals with disabilities in employment. ADA-related situations must be handled on a case-by-case basis. Employers may require as a qualification standard that an individual not pose a “direct threat,” if this standard is applied to all applicants/employees. However, employers must meet very specific and stringent requirements under the ADA to establish that such a “direct threat” exists.
Like OSHA, the ADA requires that, when determining whether an employee can, with or without reasonable accommodation, perform the essential functions of the job, it is to be done in regard to a particular individual employee, and not require all employees who operate a forklift to undergo such evaluation. Such a blanket application may not be job-related and consistent with business necessity, which is an important consideration in evaluating ADA-related situations.
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['Forklifts and Powered Trucks']
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