Dear RRowe,

First of all, I would contend that the earmuffs reduce the noise levels impacting the ear to acceptable levels. This is to prevent deafness rather than requiring employees to operate in it.

With respect your question, the first thing I would do was determine what the level of noise is while riding on the forklift. You may find that there is excessive noise and that use of the IPOD would have to be prohibited in lieu of hearing protection.

Second, determine if the ambient noise in the plant requires hearing protection. The operator may be using the IPOD to drown out the ambient noise.

Finally, someone is likely going to have to make a judgement call on whether the IPOD is a safety hazard. Take a look at the attached link.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=19319

I am 100% for radios at work.  They increase employee morale and decrease fatigue.  However, they have to be kept at a level does not interfere with the honking of the forklift horns or someone yelling for help.

I am completely against anytype of headsset radio or cell phone.  It is something I struggle with all the time.  At my facility, all my operators sign off on the no cell phone/headset policy.  An iPod is not the same as PPE.  When they have an iPod on - they are distracted and unsafe.  A deaf employee is not distracted, but more aware of their surroundings; it's not the same.

As for specific regulations - General Duty Clause.  Another thing to think about is the potential law suit.  People win million dollar verdicts all the time because an automobile driver was on the phone or distracted while driving - How is a forklift different.  You can also look to your job description to help back you up. If it says that have to be able to hear to work in that position, then headsets should not be permitted. 

Some states prohibit the use of headphones in both ears while driving or biking.

I think headphones in manufacturing areas are a bad idea in general. They could distract an employee or cause them to miss an audible alarm (fire alarm / forklift horn / “heads up”).

Tom

Most states prohibit operators of any vehicle from wearing head phones in both ears while operating the vehicle.  Plus the likely hood the forklift driver will run into or over something or some one is increased since he/she can not hear the normal sounds of work such as alarms, sirens, horns, people.