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The Problem

What can you do when Forklift drivers do not want to sign the legal appointment letter by the 16 (2) ?

They want to be paid for signing the letter.

How the problem must be solved – advice from many

U are a safety officer not hr if he doesn’t sign he is not allowed to drive Finnish.

He must sign two appointments as an operator and inspector of his forklift. If he doesn’t want to sign change his job description to be a general worker n hire the operator who will understand the legal appointment.

Why is the operator being forced to be an inspector? Should an OHS Officer be forcing a worker in this way?

Who will inspect the forklift if he doesnt because its his area of responsibility. What does the SHE Officer know about a forklift???

Explain to them why and what is in the appointment.

I did but they refuse so When I visit Durban again I will train them on legal liability and safety systems

If they refuse to sign do not pay their salaries into their bank accounts until they sign.

Chase them offsite

Forklift operators are appointed in terms of CR23. Section 14(a) clearly state that the “employee must take reasonable care for the health and safety of himself and of other person”. His duty is to identify defects of his machine through completing daily pre-use checklist, as is clearly defined by CR23 (1)K. My advise to you would be to generate a toolbox talk out of CR23 and train them. If they refuse appointments as contemplated by CR23, report them to HR and they’ll be disciplined accordingly.

Getting close – but no cigar

Please have a look at DMR 18(11) regarding driven machines. I think that the most suitable appointment for the task. Secondly stop them from doing that task because your are not complying with the OHSAct and follow HR processes.

This will definitely cause a strike and I am a travelling health @ safety practitioner for many pioneerFoods, and other factories , Eskom , many construction sites to name a few. They will have to act on their side.

Losing it again

The best way to deal with issues is to create awareness. a legal appointment us not an employment contract. Secondly you need to advise the 16.2, this should nor be ur burden.

Anyone who doesn’t want to comply with safety standards must just pack n go

Getting desperate

Well in 20 years I have never experienced that forklift drivers do not want to sign the legal lifting Equipment Operator from the 16( 2)

And here it comes…professional conduct

Neither have I. But when you have the issue, you need to look at the law, as the CCMA will not support the suggestions made by the people on this post.

Risk elimination – create a problem and pass the buck

That is exactly why it is not my problem anymore, The HR department must handle this as the forklift drivers are not legal drivers without that appointment letter by the 16(2) on the company.

That is where I disagree with you.

Almost getting it

Why ?

Because the duty not to allow an unlicensed driver to operate a forklift lies with the employer. And the employer must authorise the operator in writing to that effect. (That is in Construction). In factories, the employer may not allow an untrained person to operate a forklift. So if they are trained, they are legally allowed to operate the forklift.

Disclosing the truth of health and safety

Nope without a legal Appointment letter from the 16(2) They must be taken off the forklifts, because if any injury happen COIDA will ignore any claims as the process of legal Appointments was not followed.

Wrong again

COIDA will only reject a claim if the employee is responsible for his/her own injury.

Getting offensive

Obviously you have never worked for Xxxxxxxx Foods and xxxxxxx factories, as here they will not come away with it.

….and starts the insults

This is not construction and tel me as you are so clever? If they are injured while on a forklift will COIDA pay out ??? [Fear for the safety of people???]

Yes. It will. The DOL will however prosecute xxxxxxx if they were operating without a license issued under DMR 18(11).

This is 2017 now and the laws have changes

Nope not that much.

All bets on!

Read the DMR and show me were a forklift operator must either be appointed in writing or designated in writing. Then send me your banking details and I will deposit R1000 into your account.

Do you see the words “in writing” ???

XXXXXXXX Foods have safety rules so we will see XXXXXXXXXXX Clever ass and do not get rude here !

XXXXXXXXXX. I was not the first one to make an offensive comment. And I am not going to rise to your level of experience to return the favour. If that is your way of appreciating free advice, which you asked for, then you can sort out your own shit.

The facts

DMR 18(11): The user shall ensure that every lifting machine is operated by an operator specifically trained for that particular type of lifting machine: provided that in the case of a lifting machine listed in the National Code of Practice for Training Providers of Lifting Machine Operators, the user shall not require or permit any person to operate such a lifting machine unless the operator is in possession of a certificate of training, issued by a training provider accredited by the Transport Seta approved for the purpose by the chief inspector.

Finding the missing word…

Finding Nemo is easier.

SAQA, SAQA. SAQA, why did you leave me?


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SABizonline is Africa's largest independent online Business Magazine, hosting over 1 000 articles and news items since 2009. is owned by the Cygma Group, a global provider of business management and compliance solutions and is a registered digital publication.


SABizonline is Africa's largest independent online Business Magazine, hosting over 1 000 articles and news items since 2009. is owned by the Cygma Group, a global provider of business management and compliance solutions and is a registered digital publication.

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