What Is 8 CCR §3668: Forklift Operator Training?

Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee) and evaluation of the operator's performance in the workplace.

What is 8 CCR §3668?

It is Cal/OSHA's rule requiring real training, not just a warning, before anyone drives a forklift, pallet jack, or similar powered industrial truck at work.

Outside of training itself, an employer may not assign a worker to operate the truck until the worker has finished both the training and a hands-on evaluation this section requires. This guide covers forklift injury claims generally. One exception applies: agricultural operations, as defined in Section 3437 of the General Industry Safety Orders, are exempt from this section. Everyone else running a forklift on a California job, in a warehouse, a factory, or a retail stockroom, falls under this rule.

What training has to happen before someone drives a forklift?

A combination of classroom instruction, supervised hands-on practice, and a real evaluation of how the person actually drives.

Trainees may only operate the truck under direct supervision while learning, and never in a way that puts themselves or coworkers at risk. Training has to cover truck-related topics and workplace-related topics, for example:

• Controls, instruments, steering, and the vehicle's load limits and stability.
• Fork and attachment use, refueling or battery charging, and required inspections.
• Surface conditions, aisle width, ramps, and pedestrian traffic where the truck will run.
• Hazardous locations and areas where exhaust or carbon monoxide can build up.

A qualified trainer has to run both the instruction and the evaluation, someone with real experience who can judge if the operator is actually safe.

When does an operator need refresher training?

After anything suggests the training did not stick, plus a routine check at least once every three years.

• The operator was seen driving unsafely.
• The operator was in an accident or a near miss.
• An evaluation shows the operator is not driving safely.
• The operator is assigned to a different type of truck.
• Something about the workplace changes in a way that affects safe driving.

Apart from those triggers, every operator still needs a fresh look at their driving at least every three years. An employer does not have to repeat a topic an operator already passed, as long as it still fits the truck and the job.

How does a forklift accident get handled in a comp claim?

The same as any other on-the-job accident: California's no-fault system pays regardless of whose training records were missing.

A forklift collision, a tip-over, or being struck by a load can all support a workers' comp claim. That is true whether the operator, a coworker, or a pedestrian got hurt. It is also true whether or not the training this section requires ever happened. This guide covers warehouse injuries, including forklift impacts. A documented training failure can matter for a different reason: it can support an added claim against the employer for serious and willful misconduct. This card explains that general safety duty and how it can raise a claim's value.

What can you do if your employer skips this training?

Report it to Cal/OSHA, and know that the law protects you for doing so.

A worker, or a coworker, can tell Cal/OSHA that operators are running trucks without the required training or evaluation. This guide explains how to make that report. California law also protects you from being punished for reporting an unsafe condition like this one.

Getting help after a forklift injury

Call (661) 273-1780 or use the contact form to set up a free call with Yazdchi Law in Palmdale. Bring whatever training records you have; a forklift claim still works without them. The firm looks at the specific facts of each case before it decides whether to take one on.