Forklift health and safety law

I work for a company that regularly loads 10 and 12 feet containers onto the back of trucks using a forklift truck, however the forklift is clearly being used to lift loads above its recommended or permissible limit as the company straps a heavy load to the back of the forklift so as to act as a counter balance in order to stop the forklift tipping forward, is this illegal? and if so where can I obtain factual information regarding the illegalities of this practice, many thanks,

The onus would probably fall heavily on the forklift driver themselves as you are taught to check the rated capacity of the truck using the capacity plate. Tipovers on forklifts can occur at <5mph when turning, especially when overloaded. The company would also be negligent for allowing / asking this to happen.

take a photo (secretly) and send it to your nearest health and safety office.

Pat Hasler:
take a photo (secretly) and send it to your nearest health and safety office.

Nobody likes a grass.

stampy:
I work for a company that regularly loads 10 and 12 feet containers onto the back of trucks using a forklift truck, however the forklift is clearly being used to lift loads above its recommended or permissible limit as the company straps a heavy load to the back of the forklift so as to act as a counter balance in order to stop the forklift tipping forward, is this illegal? and if so where can I obtain factual information regarding the illegalities of this practice, many thanks,

HSE advice on the regulations concerning this…
hse.gov.uk/work-equipment-ma … /loler.htm

And if you want to see the act itself its here…
legislation.gov.uk/uksi/1998 … tents/made

As you suspect, if what you say is true then its illegal.

SmashedCrabFace:

Pat Hasler:
take a photo (secretly) and send it to your nearest health and safety office.

Nobody likes a grass.

Nobody deserves to die…

EastAnglianTrucker:

SmashedCrabFace:

Pat Hasler:
take a photo (secretly) and send it to your nearest health and safety office.

Nobody likes a grass.

Nobody deserves to die…

yet everybody does

stampy:
I work for a company that regularly loads 10 and 12 feet containers onto the back of trucks using a forklift truck, however the forklift is clearly being used to lift loads above its recommended or permissible limit as the company straps a heavy load to the back of the forklift so as to act as a counter balance in order to stop the forklift tipping forward, is this illegal? and if so where can I obtain factual information regarding the illegalities of this practice, many thanks,

are you being asked to drive the FL? or stand next to it whilst it’s overloaded? if not stay out of the way and don’t worry about it

We had a visit from the health safety executive after a riddor accident, day of the visit they are walking in the warehouse and a forkie drops a pallet from about 20ft in the air only a few metres from them. Dont know if they have the power to shut you down but what if they have the power to stop you using this forklift. What if your company doesn’t have the means to get a proper one fit for purpose would you still have a job?

Health and safety is a good thing but sometimes stuff just needs to be done by hook or by crook.

SmashedCrabFace:

Pat Hasler:
take a photo (secretly) and send it to your nearest health and safety office.

Nobody likes a grass.

And nobody would like a death on their conscience when they can do something about it!!

merc0447:
We had a visit from the health safety executive after a riddor accident, day of the visit they are walking in the warehouse and a forkie drops a pallet from about 20ft in the air only a few metres from them. Dont know if they have the power to shut you down but what if they have the power to stop you using this forklift.

If things are bad enough, the HSE can issue a Prohibition Notice, stopping a particular activity or the use of a particular area of the premises. HSE also have the power to issue Improvement Notices. Both types of notice are entered onto a public database, where they remain for five years.

Some examples of the use of these notices can be found here.

hiya why not just leave…if they find out you grassed them up you’ll get the bullet anyway.
stay there and keep well out of the way. theres not many jobs out there. in years gone by it
was only the companies bending the law a little that suvived,
some companies would have a slightly over weight trailer, to stay legal they’d sub out the trailer
so to stay legal. but still bent, as they would lie about the weight.

stevieboy308:

stampy:
I work for a company that regularly loads 10 and 12 feet containers onto the back of trucks using a forklift truck, however the forklift is clearly being used to lift loads above its recommended or permissible limit as the company straps a heavy load to the back of the forklift so as to act as a counter balance in order to stop the forklift tipping forward, is this illegal? and if so where can I obtain factual information regarding the illegalities of this practice, many thanks,

are you being asked to drive the FL? or stand next to it whilst it’s overloaded? if not stay out of the way and don’t worry about it

Yes I and others are asked to use the forklift in this manner, my intentions are to refuse to continue to do so, I don’t expect any come backs from the company but I do want/need my facts to be straight, hence my request for accurate information regarding this matter,
Many thanks to all contributors on this subject,

stampy:

stevieboy308:

stampy:
I work for a company that regularly loads 10 and 12 feet containers onto the back of trucks using a forklift truck, however the forklift is clearly being used to lift loads above its recommended or permissible limit as the company straps a heavy load to the back of the forklift so as to act as a counter balance in order to stop the forklift tipping forward, is this illegal? and if so where can I obtain factual information regarding the illegalities of this practice, many thanks,

are you being asked to drive the FL? or stand next to it whilst it’s overloaded? if not stay out of the way and don’t worry about it

Yes I and others are asked to use the forklift in this manner, my intentions are to refuse to continue to do so, I don’t expect any come backs from the company but I do want/need my facts to be straight, hence my request for accurate information regarding this matter,
Many thanks to all contributors on this subject,

Have you got a forklift ticket? Just refuse to do it if you’re not happy with it.

stampy:
Yes I and others are asked to use the forklift in this manner, my intentions are to refuse to continue to do so, I don’t expect any come backs from the company but I do want/need my facts to be straight, hence my request for accurate information regarding this matter,
Many thanks to all contributors on this subject,

It’s quite clearly unsafe / illegal under the HSWA and LOLER. It would also be unlawful to dismiss you for raising the issue / refusing to do the dangerous work. In fact, you have a legal obligation to report the problem (internally, not to the HSE), though if it’s already being done under the instruction of your manager, he probably already knows!

If you’ve been there less than 12 months they can fire you without you having any right to a tribunal, (our beloved Government wants to extend that to 2 years, the ■■■■■■■■■ so if you need the job be careful.
If you don’t need the job or you’ve been there over a year follow your conscience, it really has to be up to you whether you see a real danger for yourself or your fellow workers.

schrodingers cat:
If you’ve been there less than 12 months they can fire you without you having any right to a tribunal, (our beloved Government wants to extend that to 2 years, the [zb]) so if you need the job be careful.

Dismissing someone over a health & safety issue is one of the special cases (“inadmissible reasons for dismissal”) which don’t have the 12 month period of service requirement before the ET is available.

Of course it is illegal , if the load is to heavy & may cause it to tip then it is lifting beyond its means & strapping anything to it to to stabilize it is wrong , unfortunately it is how many things get done & is all ok until it goes wrong!!!..

Speaking of forklift safety, what happened to the one from the other week where his manager let his 7 year old drive the forklift and managed to destroy all the racking?

I’ve been waiting for the next installment! :smiley:

Gary

scaniason:
Speaking of forklift safety, what happened to the one from the other week where his manager let his 7 year old drive the forklift and managed to destroy all the racking?

That didn’t actually happen, it was just a dream.