FTC South (NZ) Limited
Frequently Asked Questions
Question 1: What are my Legal obligations?
Question 2: Are forklift operators required to have a forklift operator certificate/licence?
Question 3: Do I need to renew my certificate?
Question 6: Can an OSH inspector issue an infringement notice?
Question 7: Is there a New Zealand standard for forklift design, rating & service?
Question 8: What will attending a Forklift Operators Course achieve for me, or my company?
Question 9: Once certified who is liable in the case of an accident?
Question 10: What is a forklift?
Answers
Answer 1. What are my Legal obligations?
Under the Health & Safety in Employment Act 1992, and the Approved Code of Practice for Forklifts, it is a requirement that all Forklift Operators are trained, certified, and authorized to operate forklifts. No one under the age of 15 should be operating a forklift in the work place.
Answer 2. Are forklift operators required to have a forklift operator certificate/licence?
Yes - New Zealand's requirements are for operators to have passed an OSH approved training course. If required to operate on a road or highway an "F" endorsement on their drivers licence for the appropriate weight of forklift being operated is required.
Answer 3. Do I need to renew my certificate?
Yes - The Code of Practice for training of forklift operators requires that refresher training be given within three years.
Answer 4. Does holding a Motor Vehicle Licence, even with an "F" endorsement, entitle that person to operate a forklift in a work place?
It does not entitle that person to operate a forklift in a workplace; they must have the OSH cert to operate in the workplace. Note: a road could be deemed a place of work.
Answer 5. What would happen if a Forklift Operator had an accident and did not hold a current OSH certificate?
The employer could be liable for prosecution. As of 5th May 2003; The maximum fine courts can impose has increased to $500,000 or two years in jail, or a combination of both. Insurance companies may not cover any claims made where the employer fails to train its staff according to the Act.
Answer 6. Can an OSH inspector issue an infringement notice?
Yes - OSH Inspectors can issue infringement notices and impose fines of between $100 - $4,000 for minor breaches of the Act.
Answer 7. Is there a New Zealand standard for forklift design, rating & service?
Yes - NZSBS6.1 is the endorsed standard for forklifts in NZ and covers design, rating and service requirements. An inspection scheme for forklifts to NZSBS6.1 is in place and available from certified companies authorised to use the S.Mark for forklift inspections by Bureau Veritas.
Answer 8. What will attending a Forklift Operators Course achieve for me, or my company?
All of the following;
• Improved profitability and productivity.
• Improved operator forklift safety.
• Reduced stock, racking, truck and forklift damage.
• Reduce downtime and running costs through proper use and maintenance.
• Reduced chance of potential injuries.
Answer 9. Once certified who is liable in the case of an accident?
This would depend on the circumstances of the incident but generally, once operators are certified to the Approved Code of Practice, the onus is on the driver to operate the forklift safely using correct procedures. If there is an accident and it's proven to be the forklift operator's fault, then it could be the operator, not the employer, who is liable for prosecution. The operator may therefore be personally liable for any subsequent fine. This is an added incentive to operate a forklift safely.
Answer 10: What is a forklift?
The code of Practice defines a powered industrial lift truck as a vehicle drawn or propelled by mechanical, electrical or manual power, designed incorporating a powered lift principally to lift carry or stack goods by means of a fork consisting of one or more arms which support the load; or a platform or; any attachment or other mechanism. Without limiting this definition this includes forklifts, order pickers, side loaders, reach trucks, pallet trucks, platform trucks, straddle trucks and lateral trucks. While this definition does not include straddle carriers, much of this code of practice is applicable to that equipment.