Legal Question in Workers Comp in Utah

My new job (started June 16, 2010) as that of a route driver (class A). It requires me to operate 11 different forklifts at 11 different stores. Per OSHA regs, I am not allowed to operate them without specific training. I have had no training at all. After several minor incidents including knocking items off of shelves witnessed by a manager and crashing into a garage door requiring repairs, I drove a forklift off of a loading ramp and sustained head and neck injuries and was taken to the hospital. Aside from the injury, I feel that my employer has been grossly negligent by not providing the required training and has put my safety at grave risk. Can they be held liable for negligence? to add to this, DOT limits my total drive/work hours to 14 before requiring me to take a 10 hour break. My route takes over 14 straight hours (no breaks or lunch) and I have to rush to get it done. I have timed the run many times. This contributes to the lack of safety since I am forced to rush to finish. The company is based out of Winnona Minn and I drive from a distribution center in Salt Lake City into Idaho and on to Oregon then back to SLC.


Asked on 7/17/10, 4:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Advise your employer in writing and ask for written instructions. You may be terminated, in which case you can file for unemployment. You can also file complaints with OSHA. You personally bear the risk of a citation or suspension if you drive in violation of the DOT regs.

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Answered on 7/29/10, 7:29 am


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