Illinois Forklift Operator Training Requirements

Forklifts are responsible for numerous accidents each year, resulting in serious injuries to operators, other employees, and even bystanders. This is why forklift operator training is crucial for every warehouse, equipment depot, and store that uses these machines. 

Although forklift operator training can reduce the primary risks, injuries can still happen. A Chicago forklift injury attorney from our team can help you seek compensation for your damages, which may include lost income, medical expenses, and other losses. 

First, let’s discuss how training and certification work in the state of Illinois. 

Forklift Training & Certification Required in Illinois

The primary federal laws governing forklift operation come from the Occupational Safety and Health Administration (OSHA). Illinois has adopted OSHA’s regulations for all forklift-related standards. 

Many of the requirements come from 29 CFR 1910.178(l), which covers the following types of forklift regulations:

• All forklift operators must be at least 18 years old
• All forklift operators must receive formal instruction, which includes classroom instruction, lectures, videos, and manuals
• Practical education is required, which includes hands-on training under supervision
• Each operator must pass an evaluation of their performance to ensure they have the appropriate skills to receive their certificate

Some standards influence how these vehicles must be designed, maintained, stored, and cleaned. There are also rules governing the handling of fuel and inspections for powered industrial trucks. 

How Often Is Forklift Certification Required?

Forklift operator training is mandatory for all first-time drivers. Upon completion of this certification, the operator must undergo re-evaluation at least every three years.

However, if the employee is involved in an accident or near-miss, or is observed using the equipment in an unsafe manner, they must seek recertification immediately. Additionally, a new type of equipment or a new work environment would also meet the requirements for recertification. 

What Are Employers’ Responsibilities in Terms of Forklift Operation?

While employees are responsible for operating these machines safely, some of the responsibility also falls on the employer. The company you work for must certify that you have completed the necessary training. They will keep a record of each operator’s name, training date, exam date, and evaluator information. 

The company is also responsible for ensuring forklift operator training is up-to-date in terms of the specific equipment being used and the work site. If an employee is transferred or a new machine is purchased, they must undergo retraining.

Under 820 ILCS 219 (Illinois Occupational Safety and Health Act), companies have a general duty to maintain safe working environments, which includes the operation of heavy equipment. 

Who Provides Forklift License Training in Illinois?

Employees can be trained in several ways to safely operate a powered industrial truck. You can receive classroom instruction in-house from a certified trainer. Third-party providers can also provide the necessary operator training for multiple employees. 

Several Illinois-based programs are available for improving powered industrial truck operation:

The Illinois Onsite Safety and Health Consultation Program, also known as Illinois DCEO, offers consultations to small and medium-sized businesses to help them create safer work environments. Typically, a consultant will visit the workplace, identify risks, perform an evaluation of safety procedures, and provide informal education opportunities. 

You can also find education programs at local community colleges and OSHA-authorized centers throughout the state. 

How Training Failures Affect Liability in Lawsuits

A lack of knowledge can be a significant legal liability for both employees and employers. If someone gets hurt by a forklift operator who is improperly certified”>hurt by a forklift operator who is improperly certified, it could lead to negligence lawsuits against the company due to OSHA violations. 

Another legal concern that can arise from a worker injury is the employer’s ability to invoke the exclusive remedy defense. If you are hurt while operating a vehicle for which you weren’t trained, workers’ compensation benefits would provide a shield for the company from potential lawsuits. 

Finally, a forklift accident involving an untrained worker can expose third-party employers or contractors to liability. In these scenarios, the injured victims could sue those entities in a third-party forklift injury lawsuit. 

Explore Your Legal Options

A forklift accident injury could have severe physical, emotional, and financial consequences. Whether you are the operator, another worker, or a pedestrian, you have the right to seek compensation if negligence caused your accident. As an employee, getting hurt on the job typically makes you eligible for workers’ comp following a forklift accident, as long as the injury occurred during the course of your duties. 

If you need help exploring your legal options, our Chicago work injury lawyers can help. We will ensure you receive the benefits you deserve for your economic and non-economic losses. Our team will investigate the incident, gather evidence, negotiate with insurance companies, and even represent your interests in civil court if necessary. 

We offer our legal services on a contingency fee basis, meaning you owe nothing unless we secure a favorable outcome. Contact our law firm today for a free consultation about your injury.