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$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

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.