1910.178(m)(5)(ii): When a Forklift Is Unattended
A powered industrial truck counts as unattended when the operator is 25 feet or more away from it while it stays in view, or whenever the operator leaves it and it is not in view.
Key takeaways
- 1910.178(m)(5)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart N).
- OSHA cited it 25 times in the last 3 years, in 25 inspections, with $96,214 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: NJ (6), CO (5), PR (3).
- Related part: 1910.178(m) Truck operations (476 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.178(m)(5)(ii) is one requirement inside 1910.178 Powered industrial trucks, an OSHA general industry standard (Part 1910, Subpart N). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(ii) A powered industrial truck is unattended when the operator is 25 ft. or more away from the vehicle which remains in his view, or whenever the operator leaves the vehicle and it is not in his view. 25 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.178.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.178(m)(5)(ii).
At approximately 1:00 p.m. on December 10, 2024, an employee was operating a powered industrial truck in the yard. The forklift overturned and landed on top of the operator, causing fatal mechanical asphyxiation and blunt force trauma.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 4 |
| 2024 | 10 |
| 2025 | 5 |
| 2026 | 6 |
Top states: NJ (6), CO (5), PR (3), MO (2), TN (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| HD SUPPLY FACILITIES MAINTENANCE, LTD. | FOREST PARK, GA | $14,488 |
| WALMART INC | SADDLE BROOK, NJ | $11,348 |
| EMPIRE AUTO PARTS | TOTOWA, NJ | $9,218 |
| HENSON LUMBER, LTD | DECATUR, TX | $8,938 |
| A. ZEREGA'S SONS, INC. | FAIR LAWN, NJ | $7,838 |
Free toolbox talk
A 5-minute crew talk on 1910.178(m)(5)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
- A powered industrial truck is not unattended if still in view by the nearby operator (2018-09-11)
- Requirements for leaving construction equipment and powder-actuated tools unattended on a construction building site; impalement protection from reinforcing steel for masonry workers on a scaffold. (2005-05-11)
Related parts of this rule
- 1910.178(m) Truck operations 476 citations
- 1910.178(m)(5) 211 citations
- 1910.178(m)(5)(i) 102 citations
- 1910.178(m)(5)(iii) 84 citations
- 1910.178(m)(2) 82 citations
- 1910.178(m)(3) 58 citations
- 1910.178(m)(7) 42 citations
- 1910.178(m)(1) 28 citations
- 1910.178(m)(4) 23 citations
- 1910.178(m)(6) 15 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
When is a forklift considered unattended?
When the operator is 25 ft. or more away from it while it remains in view, or whenever the operator leaves it and it is not in view.
Does walking out of sight count?
Yes. Leaving the truck when it is not in your view makes it unattended at any distance.
Why does this definition matter?
It tells operators when the rules for unattended trucks apply.
About this page
Sources
- 29 CFR 1910.178 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.