PRINCIPAL OFFICE: DALLAS, TEXAS: (214) 670-9989 | TOLL FREE: (866) 670-9989

50-Year-Old David Martinez is Fatally Struck by a Forklift in Laredo TX-Pt2

Special precautions are necessary when working with or near forklifts. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) provides safety guidelines that employers are responsible to adhere to. Home Depot, Lowe’s, Amazon, and Walmart are not likely subscribers to the workers’ comp program in Texas, but they are among the employers whose workers are exposed to forklifts, powered pallet jacks, and many other hazards common in warehouse settings. Forklift-related fatalities are far too common. More details follow in connection with David Martinez in that his employer, Gogo Forklift Service, was subjected to an inspection following his death.

Standard Cited:19100178 L01 I Powered industrial trucks.

Gogo Forklift Service was issued a citation for alleged noncompliance with 19100178 L01 I Powered industrial trucks. The requirement is basic to all workplaces where forklifts are used, and it essentially states the following:

  • Employers must ensure that the operator of every forklift and other powered industrial vehicles is competent to safely operate the vehicle. Such competence must be demonstrated by successfully completing the training and evaluation specified in this paragraph, referring to L01.

The following are a few examples of specifics in regard to program training content. Each item is a specific area of required training for forklift operators per 910.178(l)(3)(ii) A-E:

  • Surface conditions in which the forklift will be operated;
  • Load stability and structure of loads to be carried;
  • Stacking, unstacking, and load manipulation;
  • Areas of pedestrian traffic where the forklift operator will work; and
  • Restricted areas where forklift operation is necessary, such as narrow aisles.

The initial proposed penalty for non-compliance was $4,351. The current penalty is reflected as $2,610, and the case has not yet closed.

See Part 1 of this series.

This website is meant to assist employees who have suffered serious injuries at work and relatives of workers who died on the job when the employer has not opted for workers’ comp participation in Texas. Accusing individuals or entities of misdeeds is never intended.

–Guest Contributor

Written By: author image smchugh
author image smchugh