[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Notices]
[Pages 71434-71436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27014]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0242(2005)]


Powered Industrial Trucks; Extension of the Office of Management 
and Budget's (OMB) Approval of Information Collection (Paperwork) 
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information-collection requirements contained in the 
Powered Industrial Trucks Standard (29 CFR 1910.178).

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by February 7, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by February 7, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0242(2005), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow instructions on the OSHA Web page for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the

[[Page 71435]]

Supporting Statement, OMB-83-I Form, and attachments), go to OSHA's Web 
page at http://www.OSHA.gov. In addition, comments, submissions and the 
ICR are available for inspection and copying at the OSHA Docket Office 
at the address above. You may also contact Theda Kenney at the address 
below to obtain a copy of the ICR. For additional information on 
submitting comments, please see the ``Public Participation'' heading in 
the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards 
and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone: (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Public Participation--Submission of Comments on this Notice and 
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security-related 
problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of submissions by express delivery, hand 
delivery and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page. Since all 
submissions become public, private information such as social security 
numbers should not be submitted.

II. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information-
collection requirements in accordance with the Paperwork Reduction Act 
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format, 
reporting burden (time and costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information 
collection burden is accurate. The Occupational Safety and Health Act 
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information 
collection by employers as necessary or appropriate for enforcement of 
the Act or for developing information regarding the causes and 
prevention of occupational injuries, illnesses, and accidents (29 
U.S.C. 657).
    Paragraph (a)(4) of 1910.178 requires that employers obtain the 
manufacturer's written approval before modifying a powered industrial 
truck in a manner that affects its capacity and safe operation; if the 
manufacturer grants such approval, the employer must revise capacity, 
operation, and maintenance instruction plates, tags, and decals 
accordingly. For front-end attachments not installed by the 
manufacturer, paragraph (a)(5) mandates that employers provide a label 
(marking) on the truck that identifies the attachment, as well as the 
weight of both the truck and the attachment when the attachment is at 
maximum elevation with a laterally centered load. Paragraph (a)(6) 
specifies that employers must ensure that the markers required by 
paragraphs (a)(3) through (a)(5) remain affixed to the truck and are 
legible.
    Paragraphs (l)(1) through (l)(6) of the Standard contain the 
paperwork requirements necessary to certify the training provided to 
powered industrial truck operators. Accordingly, these paragraphs 
specify the following requirements for employers:
    <bullet> Paragraph (l)(1)--Ensure that trainees successfully 
complete the training and evaluation requirements of paragraph (1) 
prior to operating a truck without direct supervision.
    <bullet> Paragraph (1)(2)--Allow trainees to operate a truck only 
under the direct supervision of an individual with the knowledge, 
training, and experience to train operators and to evaluate their 
performance, and under conditions that do not endanger other employees. 
The training program must consist of formal instruction, practical 
training, and evaluation of the trainee's performance in the workplace.
    <bullet> Paragraph (1)(3)--Provide the trainees with initial 
training on each of 22 specified topics, except on topics that the 
employer demonstrates do not apply to the safe operation of the 
truck(s) in the employer's workplace.
    <bullet> Paragraphs (1)(4)(i) and (1)(4)(ii)--Administer refresher 
training and evaluation on relevant topics to operators found by 
observation or formal evaluation to operate a truck unsafely, involved 
in an accident or near-miss incident, or assigned to operate another 
type of truck, or if the employer identifies a workplace condition that 
could affect safe truck operation.
    <bullet> Paragraph (1)(4)(iii)--Evaluate each operator's 
performance at least once every three years.
    <bullet> Paragraph (1)(5)--Train rehires only in specific topics 
that they performed unsuccessfully during an evaluation and that are 
appropriate to the employer's truck(s) and workplace conditions.
    <bullet> Paragraph (1)(6)--Certify that each operator meets the 
training and evaluation requirements specified by paragraph (1). This 
certification must include the operator's name, the training date, the 
evaluation date, and the identity of the individual(s) who performed 
the training and evaluation.
    Requiring markers notifies employees of the conditions under which 
they can safely operate powered industrial trucks, thereby preventing 
such hazards as fires and explosions caused by poorly designed 
electrical systems, rollovers/tipovers that result from exceeding a 
truck's stability characteristics, and falling loads that occur when 
loads exceed the lifting capacities of attachments. Certification of 
training and evaluation provides a means of informing employers that 
their employees received the training, and demonstrated the performance 
necessary to operate a truck within its capacity and control 
limitations. Therefore, by ensuring that employees operate only trucks 
that are in proper working order, and do so safely, employers prevent 
severe injury and death to truck operators and other employees who are 
in the vicinity of the trucks. Finally, these paperwork requirements 
are the most efficient means for an OSHA compliance officer to 
determine that an employer properly notified employees regarding the 
design and construction of, and modifications made to, the trucks they 
are operating, and that an employer provided them with the required 
training.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information-collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;

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    <bullet> The accuracy of OSHA's estimate of the burden (time and 
costs) of the information-collection requirements, including the 
validity of the methodology and assumptions used;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information-
collection and -transmission techniques.

IV. Proposed Actions

    OSHA proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection of information (paperwork) requirements 
necessitated by the Powered Industrial Trucks Standard (29 CFR 
1910.178). The Agency will include this summary in its request to OMB 
to extend the approval of these collection of information requirements.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Powered Industrial Trucks.
    OMB Number: 1218-0242.
    Affected Public: Business or other for-profits; not-for-profit 
organizations, Federal government, State, local or tribal government.
    Number of Respondents: 999,000.
    Frequency: On occasion; annually; triennially.
    Average Time Per Response: Ranges from two minutes (.03 hour) to 
mark an approved truck to 6.50 hours to train new truck operators.
    Estimated Total Burden Hours: 773,145.
    Estimated Cost (Operation and Maintenance): $209,790.

V. Authority and Signature

    John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, directed the preparation of this notice. The 
authority for this notice is the Paperwork Reduction Act of 1995 (44 
U.S.C. 3506 et seq.), and Secretary of Labor's Order No. 5-2002 (67 FR 
65008).

    Signed in Washington, DC, on December 1, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-27014 Filed 12-8-04; 8:45 am]
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