The Legislation

Health and Safety at Work Act 1974
HSW Act 1974 Section 2 (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. HSW Act 1974 Section 2 (2)(c) states that - the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.

Provision and Use of Work Equipment
Regulation 1992 states that - Every employer shall give adequate training to all employees who use work equipment or supervise / manage the use of work equipment.

The approved code of practice (ACoP) provides advice and guidance for employers is assisting them to comply with the above legislation.

Basic Training is required for operators to train and test the knowledge needed for safe operation on all fork lift trucks that they will or could be required to use in their working environment.

Employers also have a further obligation, even though there is no specific requirement to provide refresher training after set intervals, even trained and experienced lift truck operators need to be re-assessed to ensure that they continue to operate lift trucks safely.

The Health & Safety Executive's view is that they should expect to see some form of refresher training up to a maximum period of five years from the initial test date. This is purely just a recommendation and most companies follow this by providing refresher courses between 3 to 5 years.

In summary, employers need to maintain the competence of operators to use lift trucks safely through a process of monitoring and assessment. Failure to comply with the legislation as set down above could invalidate company insurance . As it states above, technically, a certificate, once issued, never expires, and it is not therefore illegal to drive a forklift truck after the recommended 5 year period. But in the event of an accident occurring, it could be argued that the company has failed in its obligation to ensure refresher training.

Approved Code of Practice 2001
ACoP 2001 Rider Operated lift trucks - operator training states that - Employers must ensure all operators they employ, both new and existing, are adequately trained and, if necessary, provide for their additional or refresher training. This Acop also lists the approved accrediting organisations that the HSE approve to accredit professional and proven training.

Be aware that Provision and Use of Work Equipment regulation 9 requires employers to be able to prove that their operators have received adequate training.

The term adequate training is open to interpretation. A training certificate alone may not be sufficient to prove adequate training has been given. However, by using accredited training, which by definition complies with the minimum standards described in the Approved Code of Practice 2001 (L117), an employer will be in a better position to prove that their operators training is adequate.