In a retail setting, who has the right of way when it comes to collisions between employees, equipment, and customers?
The photograph, showing an employee and customer approaching just moments before a minor collision resulting in no injuries. The employee is controlling a large load with one hand, while the other hand holds a radio that she is talking on while pulling the load behind her. The customer seen here, in the red shirt happens to be looking off in the distance and does not see the employee coming towards him.
First, commonly found in stores is the use of a spotter. The spotter walks in front of the loaded pallet, or equipment and sounds off by getting people's attention and then directing them out of the way. Simon is doing just that to the left, as an example.
RLC knows of no written standards that specifically address retail environments and materials handling. However, OSHA and many walkway standards contain language that speaks to management of safety proactively, identifying hazards and negating them, when material handling occurs, the onus is on the operator of the load to 1) be in control, 2) operate the load in a safe manner, and 3) be able to avoid collisions, dropping, or tipping the load.
If we apply these rules and logic to the situation at hand the employee must:
Proactively manage safety.
This means she should yield the right of way always.
Identify hazards and negate them.
This means she should recognize that customers may not be watching her, they might be watching or looking at stuff to buy. Noting - this is what the store has asked the customer to do. The store has not asked the customer to look for people moving pallets.
She must yield and control the load.
She or someone must get the customer's attention to avoid a collision.
Be in control of the load and operate in a safe manner.
If the employee cannot navigate, stop, or maneuver the load without avoiding customers, then she is not in control.
The store must have someone help her, or less of a load should be moved at once so that there is control.
This is the right of way.
About the Author – John Peterson - Safety Expert is a Commercial Safety Expert who specializes in Service, restaurant and retail, and commercial property safety. John evaluates safety plans, prevention plans, and strategies for slip, trip, and fall prevention. John also evaluates incidents involving striking, collisions, colliding with, or materials handling events where someone was hit or struck by equipment. For more information, please visit our website at www.rlcsafety.com.
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