Comparison: State vs. Federal
Massachusetts does not have a federally approved occupational safety and health regulatory program for the state; therefore, private sector workplaces must comply with federal occupational safety and health standards. The stat does not have forklift safety requirements for public sector employers (state or local government operations) in general industry.
The state has additional licensing requirements for forklift operators in areas that affect public safety.
The U.S. Department of Labor/Occupational Safety and Health Administration (OSHA) administers and enforces federal workplace safety and health requirements in private sector workplaces. The Massachusetts Department of Labor and Workforce Development/Division of Occupational Safety administers workplace safety and health rules in public sector workplaces. Massachusetts Department of Public Safety (DPS) administers the licensing requirements for certain forklift operations in areas that affect public safety.
FORLIFT OPERATOR LICENSE FOR PUBLIC SAFETY
520 Code of Massachusetts Regulations (CMR) 6.00
No person operating a forklift used on private or public property for construction projects or facilities or other uses on private or public grounds including the warehousing and movement of materials will operate hoisting machinery unless such person holds a license or temporary permit.
Exemption from licensing. Companies that operate forklifts exclusively on company property, offer operators an in-service training program, and at least one licensed supervisory employee is on site at all times of operation, are exempt from the forklift operator licensing requirements.
LICENSURE AND SPECIAL REQUIREMENTS
520 CMR 602(2) and 520 CMR ...