$500,000 from Holland Hitch Company.
Had the plaintiff not been a big earner, with a bright economic
future, this case had the potential to be another horrible tragedy
in which
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a catastrophically
injured Kansas plaintiff was left mostly uncompensated, as is
so often the situation in Kansas, where so called “tort
reform” continues to take its unfair toll on our most catastrophically
injured citizens. |
| POWERED INDUSTRIAL TRUCK
OSHA REGULATIONS —
29 C.F.R. 1910.178
OSHA requires that employers using powered industrial trucks
provide training, certification, on going supervision, and
other safety related instruction to operators, including:
Each operator is competent to operate a powered industrial
truck safely;
Operators go through a training and evaluation program before
using a powered industrial truck; Training shall consist
of formal instruction, practical training, and evaluation
of the operator’s performance in the workplace; Training
shall be conducted by persons who have knowledge, training,
and experience to provide the training and evaluate the
operator’s competence; Requires refresher training
when:
1)an operator has been
observed to be unsafe;
2)operator has been in an
accident;
3)operator is assigned to drive a
different type of equipment;
Evaluation of each operator’s performance shall be
conducted at least once every three years;
The employer shall certify that each operator has been trained
and evaluated and;
The employer shall maintain documents showing the operator’s
training and certification. |
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