Those pre-shift checks again. Oh and a thing called 'vicarious liability'.
It is absolutely imperative that daily forklift truck checks are being carried out in a workplace. Checks should be carried out at the start of EACH shift and if faults are found the truck should be put out of action and a replacement found as well as the fault fixed immediately.
IT IS THE OPERATORS RESPONSIBILITY TO CARRY OUT THE CHECKS, THEY WILL HAVE LEARNT HOW IN THEIR TRAINING. IT IS THE SUPERVISORS RESPONSIBILITY TO MAKE SURE THE TRUCKS ARE BEING CHECKED AND ALL FAULTS ARE ACTIONED.
Now forklift faults make up a very big part part of all forklift truck accidents which often lead to life changing injuries or indeed deaths. What we are still seeing as instructors is, often daily checks are still not being done, often due to time management issues, or if they are and being done, the trucks are still being used and authorised to be by supervisors or managers.
One of the ways the law can sanction a company here is this. If a supervisor is telling employees to 'act or omit' in a way that goes against health and safety legislation his or her actions can then be deemed to be the actions of employer, so with a serious accident in mind....you see where we are going with this.
"Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment."
If your supervisors or managers are cutting corners so that the show can go on, you will be in breach of legislation. Your supervisor can also be deemed to be 'the employer' or 'representative there of...'.
Make sure everybody understands their roles and responsibilities, and please, lets get those forklift truck pre-shift checks carried out.