Operators of forklift trucks are required to retraining anytime they operate a forklift in a careless manner. If the operator is part of an accident with the forklift or commits an error because of a negligence behavior, he or she is obliged to go through forklift training once again. The standards of Occupational Safety and Health Administration, or OSHA, require regular evaluation and retraining of forklift operators.
In the U.S. about 1.5 million employees operates forklifts, according to a Delaware OSHA article. The article written by a safety consultant analyzes the risks of incorrect operation of forklifts at work. It focuses on measures to reduce deaths and injuries, and propose to enhance the training process of forklift operators.
Forklifts are in use in several industries. Some people refer to them as Powered Industrial Trucks, or PITs, and others as fork trucks, or forklift trucks. They are not difficult to operate, but if they are not properly used, they can become risky. Some of the most common mistakes are to overload them or load them with improper balance. If an operator overlooks these precautions, the forklift can turn over.
A number of items must be included in any training operating program, recommends OSHA. Some of them are the hazards in the workplace, the operator skills, the operator prior knowledge, and the type of fork truck to operate.
It is a regular practice in the industry to improve the functionalities of the forklifts adding different attachments. Some of them are boom extensions, rug rams, hoppers, drum rotators, drum carriers, drum grippers and cylinder caddies.
The manufacturer should approve in advance any modifications introduced to the truck. The weight of the attachment and the fork extension reduces the maximum capacity of forklift loading. The maintenance and operation labels of the forklift must be update and must include the new characteristics added to the equipment.
Delaware law states that all employers need to have posted a Delaware Poster in the workplace. These posters must be place in a visible spot in the workplace – one that the employees are very likely to see on a regular basis. So, employee break rooms and employee work rooms are good places as well as any place where the employees gather on a regular basis.
The Delaware Poster requirements are not just an arbitrary law for employers. They actually benefit both employees and employers when they are kept available and up-to-date. Employees benefit from these posters because they outline the state and federal laws that involve workers’ rights in the workplace. This includes everything from the minimum wage requirements to the child labor laws. Furthermore, the posters also give employees information on how to file complaints should their rights be violated in the workplace. Employers also benefit from these posters. While they outline employees’ rights, they consequently tell employers their responsibilities when it comes to upholding the law in the workplace.
The Delaware posters need to have specific information about state-specific laws and regulations when it comes to labor and workers’ rights: The posters cover information dealing with child labor, breaks, discrimination, unemployment, minimum wage, payment of wages and workers’ compensation. Additionally, there are several federal laws that need to either be included with the Delaware posters or at the minimum accompany them. They include USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act and OSHA – Job Safety and Health Protection.
Labor laws are often changed and updated, so employers not only need to make sure they have the posters posted in a conspicuous place, they also need to make sure the Delaware posters are current so that everyone involved is fully informed on the most up-to-date laws.
I found that the Delaware (DE) Posting Requirements for Employers are rather minimal, as compared to other states. In general, there are really only three requirements – including General Labor laws, Notice to Employees for Unemployment Compensation and Smoking Notices. These three requirements must be posted in all places of employment, regardless of size and scope.
Delaware only has three posting requirements because the state has adopted many of the Federal labor laws instead of inventing their own laws. As such, it is easier for employers to keep in touch with labor law changes and requirements. Delaware (DE) Posting Requirements for Employers mandates that the posts are the most current available. If a labor law changes in any way, the employer must post a new labor law poster to reflect the change.
Employers are not only responsible for obtaining labor law posters, but they must also post these posters in highly visible areas of the workplace. Many employers choose to post the posters in the break room so that all employees can have access to them. The posters may not be hidden, removed or tampered with. In the event that something happens to the poster that makes it difficult for an employee to have access to the labor law information, the employer is responsible for replacing the poster and/or rectifying the situation.
Delaware (DE) Posting Requirements for Employers are so important because many employees, I have found, do not have access to information about the labor laws for the state in any other way. The labor law posters clearly state the labor laws that each employee is subjected to. That way, an employee can be aware of his or her workplace rights.
If an employee believes that his rights have been violated, the employee has the right to make a claim with a state agency or contact the agency for more information. The state labor law posters have this contact information clearly posted on them.
In Delaware the department of labor takes its job of enforcing labor laws and investigating complaints of violations very seriously and therefore it is very important for employers to be on their toes making sure that they are following these Delaware (DE) employer laws.
In most occupations the employers must pay the minimum wage set by the state to all workers. Currently the minimum wage is set at $6.15 per hour which is higher than the federal average of $5.15 per hour. However Delaware (DE) employer laws state that there are times when an employer can pay less than the minimum wage. If an employer is paying less, then they need to be sure that they are within their rights of doing so. A few of these instances where it is okay to pay less than minimum wage is when an employee is training or in an apprenticeship, when the work is in a sheltered workshop, and when employees are being tipped.
Delaware (DE) employer laws are also very clear about how an employee should be compensated in the event that they work over 40 hours a week. The law says that any hours over 40 in a week is considered overtime and must be paid as such. These hours do not include holiday or vacation time that an employee has claimed. Only actual hours worked count towards overtime.
It is the responsibility of the employer to protect the education of the students in Delaware which is why that labor laws exist that make it illegal to allow a minor to work during school hours. There are even laws about when a child can work when school is not in session. Work can not be done before 7am or after 7pm unless it is during the summer vacation from school when they can work until 9pm.
If you live in the state of Delaware, you might be wondering what types of labor laws regulate employment in the state. My research shows there are labor laws in Delaware covering a wide variety of topics, including child labor, minimum wage, protection of employee rights, wage payment and collection, general employment practices, protection of whistleblowers, unemployment compensation, and workers’ compensation. In this blog entry I’ll cover a few highlights of these laws.
Child Labor Laws: In the state of Delaware, employers must have on file a valid employment certificate for any minors under 18. The state law also regulates the hours and type of works that minors may engage in at various ages.
Minimum Wage: Delaware has a state minimum wage of $6.15 per hour that has been in effect for several years. The law also establishes that employers are allowed to pay employees who receive tips a wage of $2.23 per hour, so long as their earnings per hour with tips equal or exceed the minimum wage.
Wage Payment Laws: The state of Delaware mandates that all workers are paid at least once per month. Any employee that quits, is terminated or is otherwise separated from employment must be paid by the next regular pay day. The wage payment law also covers issues such as wage garnishments and the handling of wage disputes.
General Employment Practices: A number provisions are gathered under this heading in the Delaware state code. This section includes rules about polygraph tests, the employment of strikebreakers, anti-discrimination regulations, and the employee right to view personnel files. The Delaware law guaranteeing employees a meal break can also be found here. Employers in the state must give employees a 30 minute meal break if they have worked seven and a half or more hours continuously.
A listing in greater detail of these and other federal and state labor laws can be found on the Delaware Complete Labor Law Poster.