Speeding and unauthorised use of forklifts in factories

With the rapid changes of the requirements under OH&S legislation and workplace safety, many companies have been unsure as to how the speed of forklifts (and other moving plant or equipment) is affected. Added to this, the now proven facts of instability, speed and braking distances of forklifts by MUARC (Monash University Accident Research Centre), the question often asked is: "Are speed limiters on forklifts mandatory?"

It is important to remember that employers have a responsibility to provide a safe workplace for their employees at all times. This includes the operations of forklifts and other moving plant or equipment.

In Section 21 of the OH&S act regarding the Duty of Care, the duty of the employer towards employees is to:

• Provide and maintain safe plant and systems of work;
• Arranging safe systems of work in connection with plant and substances;
• Proving a safe working environment;
• Provide adequate welfare facilities;
• Provide adequate information on hazards, as well as instruction, training and supervision to employees, to enable them to work safely.

In general terms, if something goes wrong, an employer (even forklift suppliers and after-market equipment suppliers) cannot pretend that they were ignorant. This means that because it is well known and publicised that forklifts and their speed need high levels of control, and that effective methods of controlling these risks are available, ignorance is no excuse.

In order to adhere to the Duty of Care requirement, and their relation to forklift speed, it is important to recognise the speed and braking distances that forklifts require. It is therefore important to:

• Determine and enforce forklift speed limits based on a comprehensive risk assessment process, taking into account stability under braking and stopping distances;
• Purchase or re-fit forklifts and other mobile plant with speed limiting devices;
• Prominently display signs at entrances to the workplace and in forklift operating areas, reminding pedestrians and forklift drivers about critical parts of the workplace traffic management system;
• Construct and clearly mark pedestrian walkways, roadways and forklift operating areas that provide effective traffic separation that considers speed limits and braking distances.

In simple terms, engineering controls offer a more effective solution than the reliance of operator skills and human behaviour. A speed monitoring system (or limiter) offers that engineering control, and because an employer knows it is available, they have a duty of care to have it installed and in complete operation.

Just as important to remember is the fact that speed limiting devices will go out of calibration. This is not necessarily a fault in the device, but the manner in which they calculate the speed of the vehicle based on tyre dimension, gearbox/differential gearing, etc. Due to this, it would be prudent to choose a speed monitoring system (limiter) that offers the facility to be calibrated easily during scheduled vehicle servicing and especially tyre changes. It has been calculated that a forklift can have up to a 30 per cent variation in speed depending on tyre wear.

If there was a fatality (or near miss) at a workplace and the vehicle was travelling at 13 km/h instead of its designated 10 km/h, who is responsible?

• Think systemically about forklift safety and their load, weight and height access, which affect stability.
• Talk to your forklift manufacturer and after-market forklift suppliers about Speed Monitoring Systems available for your forklifts.
• Confirm that the speed at which your forklift is travelling is safe based on a risk assessment either internally or use the services of a reputable and accredited OH&S consultant who is familiar with worksafe requirements of forklift safety.
• Talk with your worksafe or workcover authority, or go the Victorian Workcover website at www.workcover.vic.gov.au
• Fit a speed monitoring system (limiter).