[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Proposed Rules]
[Pages 8755-8764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01155]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. OSHA-2020-0008]
RIN 1218-AD26


Powered Industrial Trucks Design Standard Update

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: OSHA proposes updating the design and construction 
requirements of the powered industrial trucks standards for general 
industry and construction by incorporating by reference the applicable 
provisions of the most relevant national consensus standards from the 
American National Standards Institute/Industrial Truck Standards 
Development Foundation (ANSI/ITSDF). OSHA also proposes allowing 
employers to use powered industrial trucks not constructed in 
accordance with those national consensus standards incorporated by 
reference in the OSHA standards if the employer can demonstrate that 
the truck they use was designed and constructed in a manner that 
provides employee protection that is at least as effective as the 
national consensus standards incorporated by reference in OSHA's 
standards.

DATES: Submit written comments on this proposed rule, hearing requests, 
and other information (including comments on the information-collection 
(paperwork) determination described

[[Page 8756]]

under section III.C. of the preamble) by May 17, 2022. All submissions 
must bear a postmark or provide other evidence of the submission date.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at https://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Docket: To read or download comments or other material in the 
docket go to https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through this website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2020-0008). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security Numbers and birthdates.

FOR FURTHER INFORMATION CONTACT: 
    General information and press inquiries: Contact Frank Meilinger, 
OSHA Office of Communications, telephone: (202) 693-1999, email: 
<a href="/cdn-cgi/l/email-protection#1c7179757075727b796e327a6e7d727f756f2e5c787370327b736a"><span class="__cf_email__" data-cfemail="e38e868a8f8a8d848691cd8591828d808a90d1a3878c8fcd848c95">[email protected]</span></a>.
    Technical inquiries: Contact Kenneth Stevanus, Directorate of 
Standards and Guidance, telephone: (202) 693-2260; fax: (202) 693-1663; 
email: <a href="/cdn-cgi/l/email-protection#96e5e2f3e0f7f8e3e5b8fdf3f8d6f2f9fab8f1f9e0"><span class="__cf_email__" data-cfemail="2e5d5a4b584f405b5d00454b406e4a414200494158">[email protected]</span></a>.
    Copies of this Federal Register document. Electronic copies of 
these documents are available at OSHA's web page at https://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. OSHA's Powered Industrial Truck Standards
    1. General Industry
    2. Construction
    B. Consensus Standards for Powered Industrial Trucks
II. Summary and Explanation of the Proposed Revisions to the Powered 
Industrial Trucks Standards
    A. Scope of the Proposed Rule
    B. Proposed Changes
    1. Updating References to ANSI B56 Consensus Standards
    2. Alternative Method of Compliance for Existing Equipment
    3. Alternative Method of Compliance for Equipment Manufactured 
on or After the Effective Date of the Final Rule
    4. Updates to Other Design and Construction Provisions
    C. Incorporation by Reference and Reasonable Availability of the 
ANSI Standard to the Public
III. Procedural Determinations
    A. Legal Considerations
    B. Preliminary Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Consultation and Coordination With Indian Tribal Governments
    H. Consultation With the Advisory Committee on Construction 
Safety and Health

I. Background

    This proposed rulemaking is part of a series of regulatory projects 
by OSHA to update standards to reflect the current versions of 
consensus and national industry standards (see, e.g., 74 FR 46350, 
September 9, 2009). These projects include updating or revoking 
outdated national consensus and industry standards incorporated by 
reference, and updating regulatory text of current OSHA standards that 
directly adopted the language of national consensus and industry 
standards that have now become outdated.

A. OSHA's Powered Industrial Truck Standards

1. General Industry
    OSHA's general industry powered industrial trucks standard at 29 
CFR 1910.178 contains safety requirements relating to fork trucks, 
tractors, platform lift trucks, motorized hand trucks, and other 
specialized industrial trucks powered by electric motors or internal 
combustion engines. The standard requires that all new powered 
industrial trucks acquired and used by an employer meet the design and 
construction requirements established in the American National Standard 
for Powered Industrial Trucks, Part II, ANSI B56.1-1969. 29 CFR 
1910.178(a)(2). In addition, OSHA's standard requires that all approved 
trucks bear a label or some other identifying mark indicating approval 
by a nationally recognized testing laboratory, as also required by 
paragraph 405 of that same ANSI standard. 29 CFR 1910.178(a)(3).
    OSHA initially adopted the powered industrial trucks standard for 
general industry on May 29, 1971 (36 FR 10613), pursuant to section 
6(a) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 
U.S.C. 651, 655),\1\ primarily based on the 1969 edition of ANSI's 
Safety Standard for Powered Industrial Trucks, B56.1.
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    \1\ Section 6(a) directed OSHA, during the first two years after 
the OSH Act became effective, to promulgate as an occupational 
safety and health standard any national consensus standard or any 
established Federal standard if such promulgation would improve 
employee safety or health.
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2. Construction
    In 1971, under section 6(a) of the OSH Act, OSHA adopted existing 
Federal standards issued under section 107 of the Contract Work Hours 
and Safety Standards Act as OSHA construction standards (36 FR 7340, 
April 17, 1971; 36 FR 25232, December 30, 1971), including provisions 
covering powered industrial trucks used in construction. OSHA's powered 
industrial trucks standard can be found at 29 CFR 1926.602(c), Lifting 
and hauling equipment. In the portion relevant to this rulemaking, 
Sec.  1926.602(c)(1)(v) requires that all high-lift rider industrial 
trucks \2\ be equipped with overhead guards that meet the configuration 
and structural requirements as defined in paragraph 421 in Part II of 
ANSI B56.1-1969. Section 1926.602(c)(1)(vi) states that all industrial 
trucks in use must meet the applicable requirements of design, 
construction, stability, inspection, testing, maintenance, and 
operation contained in ANSI B56.1-1969, Safety Standards for Powered 
Industrial Trucks.
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    \2\ A ``high-lift truck'' is defined in ANSI B56.1-1969, 
Appendix A, as ``A self-loading truck equipped with an elevating 
mechanism designed to permit tiering. Popular types are high-lift 
fork truck, high-lift ram truck, high-lift boom truck, high-lift 
clamp truck, and high-lift platform truck.''
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B. Consensus Standards for Powered Industrial Trucks

    Since OSHA adopted the 1969 version of the ANSI B56.1, ANSI has 
revised its B56.1 consensus standard twelve times (in 1975, 1983, 1988, 
1993, 2000, 2004, 2005, 2009, 2012, 2016, 2018, and 2020). Starting in 
1978, ANSI reorganized its B56 consensus standard by narrowing the 
scope of B56.1 to a subset of previously covered equipment and adding 
new volumes to cover other truck types that had previously been covered 
under B56.1. Specifically, ANSI B56.1, which originally covered powered 
industrial trucks generally, now only covers Low Lift and High Lift

[[Page 8757]]

Trucks. ANSI B56.5 covers Driverless, Automatic Guided Industrial 
Vehicles and Automated Functions of Manned Industrial Vehicles; and 
ANSI B56.6 covers Rough Terrain Forklift Trucks. ANSI has periodically 
published revisions to each of these B56 volumes, but at intervals 
different from the B56.1 revisions. As of the date of this notice, the 
most current editions are ANSI B56.1-2020 (effective March 27, 2022), 
ANSI/B56.5-2019, and ANSI B56.6-2021 (effective March 27, 2022).\3\
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    \3\ Since 2005, the Industrial Truck Standards Development 
Foundation (ITSDF), an ANSI-accredited standards-developing 
organization, has developed and published the national consensus 
standards for industrial trucks. For simplicity, the agency may 
refer to ANSI/ITSDF standards as ANSI standards throughout this 
document.
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    Together, these three B56 volumes cover all powered industrial 
trucks that are currently in the scope of OSHA's standards (Sec. Sec.  
1910.178(a)(1) and 926.602(c)(1)(vi)) and encompass all of the 
equipment originally covered by the consensus standard cited in OSHA's 
existing standards (ANSI B56.1-1969). OSHA is not aware of any other 
consensus standards covering powered industrial trucks in its scope, 
but requests comments on whether any other such standards exist and 
should be referenced by OSHA.
    The following is a summary of each of the ANSI/ITSDF B56 consensus 
standards discussed in this NPRM.
    ANSI/ITSDF B56.1-2020, Safety Standard for Low Lift and High Lift 
Trucks, defines the safety requirements relating to the elements of 
design, operation, and maintenance of low lift and high lift powered 
industrial trucks controlled by a riding or walking operator, and 
intended for use on compacted, improved surfaces.
    ANSI/ITSDF B56.5-2019, Safety Standard for Driverless, Automatic 
Guided Industrial Vehicles and Automated Functions of Manned Industrial 
Vehicles, defines the safety requirements relating to the elements of 
design, operation, and maintenance of powered, not mechanically 
restrained, unmanned automatic guided industrial vehicles and the 
system of which the vehicles are a part. It also applies to vehicles 
originally designed to operate exclusively in a manned mode but which 
are subsequently modified to operate in an unmanned, automatic mode, or 
in a semiautomatic, manual, or maintenance mode.
    ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain Forklift 
Trucks, defines the safety requirements relating to the elements of 
design, operation, and maintenance of rough terrain forklift trucks. 
These trucks are intended for operation on unimproved natural terrain 
as well as the disturbed terrain of construction sites.

II. Summary and Explanation of the Proposed Revisions to the Powered 
Industrial Trucks Standards

    This proposed rulemaking would update the references to national 
consensus standards in OSHA's powered industrial truck design and 
construction requirements applicable to general industry work (29 CFR 
1910.178(a)(2) & (3)) and construction work (29 CFR 1926.602(c)(1)(v) & 
(vi)). It would also update the general incorporation by reference 
section for each of these standards (i.e., 29 CFR 1910.6 and 1926.6) to 
include the same ANSI consensus standards and to note where they can be 
obtained. OSHA is also proposing an alternative method of compliance 
for employers that use trucks that are not manufactured in accordance 
with any of the consensus standards incorporated by reference in the 
proposed standard.

A. Scope of the Proposed Rule

    The scope of this proposed rulemaking includes the equipment 
covered by the three ANSI volumes currently in use (B56.1-2020, Low 
Lift and High Lift Trucks; B56.5-2019, Guided Industrial Vehicles; 
B56.6-2021, Rough Terrain Forklift Trucks).\4\ This scope is consistent 
with OSHA's previous determination made in its 1998 rulemaking that 
because the initial OSHA standard issued in 1971 had adopted the ANSI 
B56.1-1969 provisions under section 6(a) of the Act, the scope of Sec.  
1910.178 must be the same as the scope of the original source standard, 
ANSI B56.1-1969. See 63 FR 66255, December 1, 1998 (training standard 
rulemaking).
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    \4\ Equipment covered by ANSI B56.7, Safety Standard for 
Industrial Crane Trucks, was originally covered by ANSI B56.1-1969. 
However, ANSI B56.7 was discontinued in 1992 and therefore OSHA is 
not including ANSI B56.7 in this proposed rulemaking.
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    This proposed rule only updates the references to the design and 
construction requirements in the OSHA standards for general industry 
and construction. Consequently, provisions in OSHA's industrial trucks 
standards that do not relate to design or construction will continue to 
reference only the 1969 edition of ANSI B56.1. For example, Sec.  
1926.602(c)(1)(vi) includes operator requirements on stability, 
inspection, testing, maintenance, and operation, which would not be 
amended in this proposal to reference more current ANSI standards.
    Currently, Sec.  1926.602(c)(1)(v) requires that all high lift 
rider industrial trucks used in construction be equipped with overhead 
guards that meet the configuration and structural requirements in 
paragraph 421 of ANSI B56.1-1969. The configuration and structural 
requirements for overhead guards in paragraph 421 are part of the 
design and construction provisions of ANSI B56.1-1969. Therefore, the 
proposed rule would also update Sec.  1926.602(c)(1)(v) by adding a 
cross-reference to the revised requirements in Sec.  
1926.602(c)(1)(vi).
    Furthermore, the proposed rule would update Sec.  1910.178(a)(3), 
which requires that approved trucks bear a label or other 
identification mark indicating approval by a testing laboratory in 
accordance with paragraph 405 of ANSI B56.1-1969. The proposed rule 
would add reference to the latest ANSI provisions in table 1 to Sec.  
1910.178(a)(2), but would maintain the current reference to paragraph 
405 of ANSI B56.1-1969. OSHA believes that labels and other 
identification marks on powered industrial trucks have not 
significantly changed since the adoption of the 1969 edition of ANSI 
B56.1 and that the nameplates and markings requirements in the latest 
ANSI versions in table 1 are well established. OSHA invites comments on 
this aspect of the proposed rule.

B. Proposed Changes

    This proposed rule would update the references in 29 CFR 
1910.178(a) and 29 CFR 1926.602(c) to recognize the design and 
construction requirements in the latest editions of the ANSI B56 
consensus standards for powered industrial trucks (i.e., ANSI B56.1-
2020, Safety Standards for Low Lift and High Lift Trucks; ANSI B56.5-
2019, Safety Standards for Driverless, Automatic Guided Industrial 
Vehicles and Automated Functions of Manned Industrial Vehicles; ANSI 
B56.6-2021, Safety Standards for Rough Terrain Forklift Trucks). For 
both general industry and construction, OSHA would incorporate by 
reference these latest ANSI B56 consensus standards. The proposed rule 
would also maintain the existing reference in 29 CFR 1910.178(a) and 29 
CFR 1926.602(c) to ANSI B56.1-1969, but only for trucks manufactured 
prior to the effective date of the final rule. OSHA is proposing that 
the final rule will go into effect 30 days after its publication. As 
part of this rulemaking, OSHA would also add an alternative method of 
compliance for employers that use trucks that are not manufactured in 
accordance with any of

[[Page 8758]]

the consensus standards incorporated by reference in the proposed 
standard.
1. Updating References to ANSI B56 Consensus Standards
    The design and construction compliance requirements in this 
proposed rule are not identical for trucks manufactured prior to the 
effective date of the final rule, and for trucks manufactured on or 
after that date. For both categories of equipment--trucks manufactured 
before, on, or after the effective date of the final rule, the proposed 
rule would incorporate by reference the most recent versions of the 
ANSI B56 standards applicable to powered industrial trucks, ANSI B56.1-
2020, ANSI B56.5-2019, and ANSI B56.6-2021, as shown in table 1 to 
Sec. Sec.  1910.178(a)(2) and 1926.602(c)(1)(vi). The proposed rule, 
however, would maintain the current reference to ANSI B56.1-1969 only 
for equipment manufactured before the effective date of the final rule. 
Powered industrial trucks manufactured prior to the effective date of 
the final rule would be required to meet the design and construction 
requirements established in either (1) the 1969 edition of the ANSI 
B56.1 consensus standard (i.e., ANSI B56.1-1969), or (2) the more 
recent and applicable ANSI B56 standard in table 1 (i.e., ANSI B56.1-
2020, ANSI B56.5-2019, or ANSI B56.6-2021).
    For all powered industrial trucks manufactured on or after the 
effective date of the final rule, the proposed rule would require that 
such equipment meet the design and construction requirements 
established in the applicable ANSI B56 consensus standard in table 1. 
Because different powered industrial trucks are now covered by 
different ANSI consensus standards, employers would need to ensure that 
the equipment they use complies with the applicable ANSI consensus 
standard in table 1. For example, for trucks manufactured on or after 
the effective date of the final rule, a high-lift truck must comply 
with ANSI B56.1-2020; a driverless industrial truck must comply with 
ANSI B56.5-2019; and a rough terrain forklift must comply with ANSI 
B56.6-2021.
2. Alternative Method of Compliance for Existing Equipment
    For both general industry and construction, OSHA's current design 
and construction requirements for powered industrial trucks mandate 
compliance with the ANSI B56.1-1969 standard, but OSHA is aware that 
over the past decades, manufacturers of this equipment have typically 
designed and constructed this equipment to comply with more recent 
editions of the ANSI B56 standards. For example, a high-lift industrial 
truck manufactured in 1990 would typically be designed and constructed 
in compliance with ANSI B56.1-1988 rather than B56.1-1969. 
Consequently, in this proposed rule, OSHA is adding an alternative 
method of compliance for employers that use trucks manufactured before 
the effective date of the final rule that do not meet the design and 
construction requirements established in ANSI B56.1-1969 or in the 
applicable ANSI standard in table 1. Specifically, for both general 
industry and construction, the proposed rule would add a provision that 
allows employers to use powered industrial trucks manufactured before 
the effective date of the final rule as long as the employer can 
demonstrate that the design and construction of the truck is at least 
as protective as those designed and constructed in accordance with ANSI 
B56.1-1969 or the applicable ANSI standard in table 1. That is, 
employers would be able to acquire and use powered industrial trucks 
manufactured before the effective date of the final rule, whether they 
are designed and constructed in accordance with an ANSI consensus 
standard or a non-ANSI standard, so long as the employer can 
demonstrate that their design and construction provide employee 
protection that is at least equal to the protection provided by trucks 
that are designed and constructed in accordance with ANSI B56.1-1969 or 
the applicable ANSI B56 standard in table 1.
    OSHA has used a similar approach in some other OSHA standards. For 
example, in several protective equipment standards (29 CFR 1910.133, 
1910.135, and 1910.136; 29 CFR 1915.153, 1915.155, and 1915.156; 29 CFR 
1917.91, 1917.93, and 1917.94; 29 CFR 1918.101, 1918.103, and 1918.104; 
and 29 CFR 1926.100 and 1926.102), the employer must ensure that the 
protective devices meet the construction requirements of one or more 
incorporated by reference ANSI standards or, alternatively, must show 
that the devices are at least as protective as protective devices 
constructed in accordance with the incorporated by reference ANSI 
standards.
    OSHA has preliminarily determined that powered industrial trucks 
meeting the design and construction requirements of the applicable ANSI 
B56.1, B56.5, or B56.6 consensus standards not incorporated by 
reference in this proposed rule that were published after 1969 and 
before the applicable consensus standard in table 1, provide employee 
protection that is at least as protective as those designed and 
constructed in accordance with ANSI B56.1-1969. For ANSI B56.1, these 
include the design and construction requirements published in 1975, 
1983, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1995, 2000, 
2001, 2003, 2004, 2005, 2009, 2012, 2016, and 2018 (OSHA-2020-0008-
0002). For ANSI B56.5, these include the design and construction 
requirements published in 1978, 1988, 1989, 1990, 1991, 1992, 1993, 
1994, 2004, and 2012 (OSHA-2020-0008-0003). For ANSI B56.6, these 
include the design and construction requirements published in 1978, 
1987, 1988, 1990, 1991, 1992, 1994, 1998, 2002, 2005, 2005(R11), 2011, 
and 2016 (OSHA-2020-0008-0004).\5\ Hence, for an employer using a truck 
manufactured after 1969 but before the applicable ANSI standard in 
table 1 and designed and constructed according to one of these 
applicable non-incorporated ANSI B56.1, B56.5, and B56.6 consensus 
standards, the employer would be deemed to be in compliance with the 
design and construction requirements of the proposed rule.
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    \5\ For purposes of this rulemaking, applicable B56 consensus 
standards published after 1969 and before the consensus standards in 
table 1 also include those published by the American Society of 
Mechanical Engineers (ASME) or the ITSDF.
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    OSHA has made a similar preliminary determination for the now 
discontinued ANSI B56.7, Safety Standard for Industrial Crane Trucks. 
That is, OSHA has determined that powered industrial trucks meeting the 
design and construction requirements in any version of ANSI B56.7 
published between 1969 and 1992 (the date that ANSI provision was 
discontinued) provide employee protection that is at least as 
protective as those designed and constructed in accordance with ANSI 
B56.1-1969. This includes design and construction requirements in ANSI 
B56.7 published in 1982, 1987, 1988 addendum, and 1988 (reaffirmed in 
1992). Thus, for example, an employer using an industrial crane truck 
designed and constructed in accordance with the 1988 (reaffirmed in 
1992) standard would be deemed to be in compliance with the design and 
construction requirements of this proposed rule.
    The agency believes that allowing equipment that complies with the 
design and construction requirements in these applicable ANSI B56 
standards that are not incorporated by reference in this proposed rule 
would not reduce employee protection but, rather, would enhance 
employee safety and provide greater flexibility to employers. Thus,

[[Page 8759]]

under the proposal, an employer with equipment designed and constructed 
in compliance with one of these standards would be able to show that 
they are at least as protective as equipment designed and constructed 
to ANSI B56.1-1969. OSHA invites public comments on powered industrial 
trucks built to the design and construction specifications in the ANSI 
B56 standards published after 1969 and before the applicable ANSI B56 
standard in table 1, and OSHA's view that their design and construction 
requirements are at least as protective as the design and construction 
requirements in ANSI B56.1-1969. OSHA is not aware of any other non-
ANSI consensus standards for powered industrial trucks published from 
1969 to 2020, nor any powered industrial trucks designed and 
constructed in accordance with non-consensus standards, but requests 
comment on whether any other such standards or non-standard trucks 
exist, whether design and construction requirements in such standards 
or non-standard trucks provide equal or greater employee protection, 
and whether any such non-ANSI standards or non-standard trucks should 
be incorporated by reference in the revised OSHA standards for powered 
industrial trucks.
3. Alternative Method of Compliance for Equipment Manufactured on or 
After the Effective Date of the Final Rule
    The proposed rule also contains an alternative method of compliance 
for employers that use powered industrial trucks manufactured on or 
after the effective date of the final rule. As discussed above, OSHA's 
proposed rule would require these trucks to comply with the design and 
construction requirements in the applicable ANSI B56 standard in table 
1 to Sec. Sec.  1910.178(a)(2) and 1926.602(c)(1)(vi): ANSI B56.1-2020, 
ANSI B56.5-2019, or ANSI B56.6-2021. The proposed rule would add 
another provision that would allow employers to use powered industrial 
trucks manufactured on or after the effective date of the final rule if 
they can demonstrate that the design and construction of the trucks are 
at least as protective as powered industrial trucks that are designed 
and constructed in accordance with the applicable ANSI B56 standard in 
table 1. That is, an employer may use a powered industrial truck 
manufactured on or after the effective date of the final rule, so long 
as the employer can demonstrate that the design and construction of the 
truck--whether designed and constructed in accordance with a non-
incorporated ANSI standard or a non-ANSI standard--are at least as 
protective as a truck designed and constructed in accordance with the 
applicable ANSI B56 standard: ANSI B56.1-2020, ANSI B56.5-2019, or ANSI 
B56.6-2021.
    ANSI continues to update its B56 standards regularly and it is 
difficult for OSHA to provide timely corresponding updates in its 
standards through notice and comment rulemaking. Consequently, there is 
likely to be a period of years during which OSHA's standards require 
compliance with an outdated ANSI standard while industrial truck 
manufacturers are designing and constructing equipment in accordance 
with the newest ANSI standard or, possibly, other new non-ANSI 
consensus standards. To address this likely lag in OSHA regulatory 
updates, this proposal incorporates by references the most current 
editions of the applicable ANSI B56 standards as shown in table 1, but 
also would allow employers additional flexibility to use trucks that 
are manufactured in accordance with future editions of applicable 
consensus standards, including ANSI B56 standards, if the employers can 
demonstrate that the design and construction of the truck provides 
employee protection equal to or greater than the design and 
construction requirements of the applicable ANSI standard in table 1. 
OSHA is not aware of any other current non-ANSI consensus standards 
that would provide equivalent protection to employees, but requests 
comment on whether any other such standards exist and should be 
referenced by OSHA in its standards.
    OSHA anticipates that consensus-standard issuing bodies will aid in 
this new flexible approach and want employers to use powered industrial 
trucks designed and constructed according to the latest editions of 
their standards. Standard developing bodies typically have a summary of 
changes section in each new edition and also indicate in the margins 
where changes from the previous edition were made. The summary of 
changes also lists those changes they consider significant. These 
changes are intended to alleviate confusion, provide up-to-date 
protection for workers using powered industrial trucks, and give 
employers greater clarity and flexibility in complying with OSHA's 
standards as ANSI continues to update its standards.
    OSHA notes that this proposed compliance alternative is somewhat 
similar to OSHA's longstanding policies regarding de minimis 
conditions. As set out in OSHA's Field Operations Manual, a de minimis 
condition includes a situation in which an employer complies with a 
proposed OSHA standard or a consensus standard rather than with the 
standard in effect at the time of the inspection, and the employer's 
action clearly provides equal or greater employee protection. See CPL 
02-00-164, p. 4-28 (2020). OSHA documents such conditions as 
violations, but does not typically cite employers for these conditions. 
While a de minimis condition is still a violation of the standard, even 
if not cited, under the proposed rule an employer would be in 
compliance with the OSHA standard by demonstrating that the alternative 
national consensus standard is equally or more protective.
    To assist the employer in demonstrating that trucks designed and 
constructed in accordance with future national consensus standards 
provide equal or greater protection, OSHA may consider periodically 
issuing guidance confirming a future national consensus standard's 
protectiveness in relation to the relevant ANSI standard listed in 
table 1. The agency may do this by either responding to the consensus-
standard issuing bodies (e.g., ANSI) request for interpretation or some 
other means.
    OSHA invites public comment on any aspect of this proposed rule. 
The agency is particularly interested in receiving comments on this new 
proposed approach of allowing trucks manufactured on or after the 
effective date of the final rule to satisfy the design and construction 
requirements of OSHA's powered industrial trucks standards if they are 
manufactured according to a future ANSI B56 standard or future non-ANSI 
consensus standard, provided that the employer can demonstrate that the 
design and construction of such trucks are at least as protective as 
the applicable ANSI standard in table 1 to Sec. Sec.  1910.178(a)(2) 
and 1926.602(c)(1)(vi). Alternatively, should OSHA only require 
compliance with the design and construction requirements of the 
incorporated by reference of the applicable ANSI standard in table 1 
and only allow for compliance with future consensus standards by 
incorporating by reference those new consensus standards through notice 
and comment rulemaking on an ongoing basis as they become available? 
OSHA also requests comment on what, if any, additional conditions 
should be required for an employer to make an equivalency showing for 
purposes of meeting the proposed alternative method of compliance. What 
should an employer be required to do to demonstrate that a truck is at 
least as protective as the design and construction requirements of the

[[Page 8760]]

applicable ANSI standard in table 1? For example, would it be 
sufficient for an employer to rely on the truck manufacturer's 
certification that the truck is at least as protective as the 
applicable ANSI standard? What, if any, action should OSHA take to 
confirm a consensus standard's protectiveness in relation to the design 
and construction requirements of the relevant ANSI standard in table 1? 
Relatedly, the agency welcomes comments on whether employers that rely 
on a future consensus standard should be required to demonstrate that 
the design and construction requirements of that consensus standard are 
at least as protective as the design and construction requirements in 
the applicable ANSI standard in table 1, or whether OSHA should bear 
the burden of establishing, as part of its prima facie case against an 
employer, that a powered industrial truck designed and constructed in 
accordance with a future national consensus standard provides less 
protection than a truck designed and constructed in accordance with the 
applicable ANSI standard in table 1.
4. Updates to Other Design and Construction Provisions
    Furthermore, in the powered industrial trucks standard for 
construction, Sec.  1926.602(c)(1)(v) includes configuration and 
structural requirements for overhead guards on high lift rider trucks 
that are already required by the ANSI B56-1969 standard referenced in 
Sec.  1926.602(c)(1)(vi). Therefore, the proposed rule would revise 
Sec.  1926.602(c)(1)(v) by replacing the reference to paragraph 421 of 
ANSI B56.1-1969 with a cross-reference to the design requirements in 
Sec.  1926.602(c)(1)(vi). This proposed change is not intended to 
eliminate the existing requirement in the construction standard that 
high lift rider trucks be equipped with overhead guards; instead, this 
proposed change aims to align the specific design requirements for 
overhead guards with the general design and construction requirements 
in the proposed rule. OSHA invites comment on whether the agency should 
move forward with this approach or whether it should delete Sec.  
1926.602(c)(1)(v) given that the design requirements for overhead 
guards on high lift rider trucks are already covered by Sec.  
1926.602(c)(1)(vi).

C. Incorporation by Reference and Reasonable Availability of the ANSI 
Standard to the Public

    OSHA also proposes to update the general incorporation by reference 
section for each of these standards (i.e., 29 CFR 1910.6 and 29 CFR 
1926.6) to reflect the incorporation of the relevant national consensus 
standards, summarized in section I.B of this preamble. OSHA believes 
that the ANSI/ITSDF standards, as well as any applicable ASME standards 
published after 1969 and before the applicable ANSI consensus standard 
in table 1 to Sec. Sec.  1910.178(a)(2) and 1926.602(c)(1)(vi), are 
reasonably available to interested parties and can be purchased from 
one of the following sites in pdf form: ANSI (https://webstore.ansi.org), IHS Standards (https://global.ihs.com), or 
TechStreet (https://www.techstreet.com). If OSHA ultimately finalizes 
this rule, the agency will make all documents available for review by 
the public in accordance with OSHA's policies regarding availability of 
documents incorporated by reference. These documents are typically 
available in national and regional OSHA offices.

III. Procedural Determinations

A. Legal Considerations

    The purpose of the OSH Act is to achieve to the extent possible 
safe and healthful working conditions for all employees. 29 U.S.C. 
651(b). To achieve this goal, Congress authorized the Secretary of 
Labor to promulgate and enforce occupational safety and health 
standards. 29 U.S.C. 654(b), 655(a) and (b). A safety or health 
standard is a standard which requires conditions, or the adoption or 
use of one or more practices, means, methods, operations, or processes 
``reasonably necessary or appropriate'' to provide safe or healthful 
employment and places of employment. 29 U.S.C. 652(8). A standard is 
reasonably necessary or appropriate within the meaning of section 
652(8) of the OSH Act when a significant risk of material harm exists 
in the workplace and the standard would substantially reduce or 
eliminate that workplace risk. See Indus. Union Dep't, AFL-CIO v. Am. 
Petroleum Inst., 448 U.S. 607 (1980).
    Under Section 6(a) of the OSH Act, OSHA was given the authority for 
a period of two years from the effective date of the Act to adopt 
national consensus standards and established Federal standards as OSHA 
standards without following notice and comment rulemaking procedures. 
29 U.S.C. 655(a). Congress provided this authority so that OSHA would 
have a mechanism to begin immediately protecting the Nation's workers 
through mandatory standards. OSHA's powered industrial truck standards 
were among the many standards adopted under Section 6(a). Thus Congress 
determined that these adopted standards, including the powered 
industrial power standards, were reasonably necessary or appropriate 
within the meaning of Section 652(8). Moreover, worker protections 
under this proposed rule, if finalized, would be equal or greater than 
under the existing standards because powered industrial truck design 
and construction would have to be at least as protective as the current 
regulatory requirements. Accordingly, this proposal does not require an 
additional significant risk finding (see Edison Elec. Inst. v. OSHA, 
849 F.2d 611, 620 (D.C. Cir. 1988)).
    A safety standard must be technologically feasible. See UAW v. 
OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is technologically 
feasible when the protective measures it requires already exist, when 
available technology can bring the protective measures into existence, 
or when that technology is reasonably likely to develop. See Am. Iron 
and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 1991). OSHA has 
preliminarily determined that the revisions in this proposal are 
technologically feasible because: (1) Existing powered industrial 
trucks only need to comply with the 1969 version of ANSI's B56.1 
standard; (2) existing powered industrial trucks are already 
manufactured according to an existing applicable ANSI B56 standard; and 
(3) future powered industrial trucks would only need to comply with the 
existing applicable ANSI standard in table 1.
    A safety standard must also be economically feasible. See Forging 
Indus. Ass'n v. Secretary of Labor, 773 F.2d 1436, 1453 (4th Cir. 
1985). Such a standard is economically feasible if industry can absorb 
or pass on the costs of compliance without threatening its long-term 
profitability or competitive structure. See ATMI, 452 U.S. at 530 n. 
55; AISI, 939 F.2d at 980. As described below, OSHA has preliminarily 
determined that this proposal is economically feasible because it would 
impose no new costs on employers.

B. Preliminary Economic Analysis and Regulatory Flexibility Act 
Certification

    OSHA has preliminarily determined that this proposed rule will 
impose no new costs on employers. The proposed rule is intended to 
accommodate existing industry practices for existing equipment 
manufacture and design, and to adapt to industry norms for future 
manufacture and design.
    OSHA understands that powered industrial trucks are designed, 
tested, or manufactured in accordance with the latest version of ANSI 
B56 consensus

[[Page 8761]]

standards, and, therefore, believes the proposed updates are consistent 
with the usual and customary practice of employers in the general and 
construction industries. Accordingly, the agency determined that 
incorporating by reference ANSI B56.1a-2018, ANSI B56.5-2019, and ANSI 
B56.6-2021 will not add a compliance burden for employers. In addition, 
because OSHA is not removing the reference to the 1969 version of the 
ANSI standard applicable to previously manufactured equipment, 
employers will be able to continue following that version of the 
consensus standard for existing equipment, and thus, employers will not 
occur any new compliance burdens. Going forward, OSHA anticipates that 
if standards developing organizations (SDO) were to publish a newer 
version of ANSI B56 in the future, an employer would need to show that 
equipment manufactured on or after the effective date of the final rule 
complied with the design and construction requirements of the 
applicable consensus standard in table 1 to Sec. Sec.  1910.178(a)(2) 
and 1926.602(c)(1)(vi) or that the design and construction requirements 
of the new SDO standard would be at least as protective as the 
applicable consensus standard in table 1. OSHA expects that in most 
cases SDOs would provide guidance to employers regarding this 
determination whenever the SDO issues a new standard (in order to 
encourage adoption of the new standard). OSHA also expects that 
affixing new data plates or markings on equipment or the certification 
of existing data plates or markings on equipment would be a usual and 
customary practice by employers when demonstrating compliance with 
newer versions of the consensus standard. OSHA invites public comment 
on its preliminary determination that the proposed rule will not result 
in any additional cost burden on employers. Specifically, the agency 
invites comment on the economic impacts of any future revisions to the 
ANSI B56 series of standards that affect equipment manufactured on or 
after the effective date of the final rule, thereby triggering 
compliance with the design and construction requirements of the 
applicable ANSI B56 standard in table 1. The agency also requests 
public comment on any other issues raised by OSHA's proposed revisions.
    OSHA therefore finds that this proposed rule is not economically 
significant within the context of Executive Order 12866, or a major 
rule under the Unfunded Mandates Reform Act or Section 801 of the Small 
Business Regulatory Enforcement Fairness Act. In addition, this 
proposed rule complies with Executive Order 13563 because it would 
allow employers increased flexibility in choosing powered industrial 
trucks for their employees and allow employers to keep practices that 
meet the requirements of the existing standard for trucks manufactured 
prior to the effective date of the final rule. Because the rule would 
impose no costs, OSHA certifies that it would not have a significant 
economic impact on a substantial number of small private or public 
sector entities and would not meet any of the criteria for an 
economically significant or major rule specified by the Executive order 
or relevant statutes.

C. OMB Review Under the Paperwork Reduction Act of 1995

    This proposed rule would not establish or revise any collection of 
information requirements of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501. Accordingly, the agency did not submit an Information 
Collection Request to Office of Management and Budget (OMB) in 
association with this rulemaking.
    Members of the public may respond to this paperwork determination 
by sending their written comments to the Office of Information and 
Regulatory Affairs, Attn: OSHA Desk Officer, Office of Management and 
Budget, Room 10235, 725 17th Street NW, Washington, DC 20503. The 
agency encourages commenters to also submit these comments to the 
rulemaking docket, along with their comments on other parts of this 
notice of proposed rulemaking. For instructions on submitting these 
comments and accessing the docket, see the sections of this Federal 
Register document titled DATES and ADDRESSES.
    To make inquiries or to request other information related to 
information collection, contact Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor; telephone: 
(202) 693-4131; email: <a href="/cdn-cgi/l/email-protection#09596c7b7b70646867275a6c656c6d682744496d6665276e667f"><span class="__cf_email__" data-cfemail="b4e4d1c6c6cdd9d5da9ae7d1d8d1d0d59af9f4d0dbd89ad3dbc2">[email protected]</span></a>.

D. Federalism

    OSHA reviewed this notice of proposed rulemaking in accordance with 
the Executive order on federalism (Executive Order 13132, 64 FR 43255, 
August 4 1999), which requires that agencies, to the extent possible, 
refrain from limiting state policy options, consult with states prior 
to taking any actions that would restrict state policy options, and 
take such actions only when clear constitutional authority exists, and 
the problem is national in scope. Executive Order 13132 provides for 
preemption of state law only with the expressed consent of Congress. 
Agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress 
expressly provides that states may adopt, with Federal approval, a plan 
for the development and enforcement of occupational safety and health 
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal 
approval for such a plan as ``State Plan states.'' Occupational safety 
and health standards developed by State Plan states must be at least as 
effective in providing safe and healthful employment and places of 
employment as the Federal standards. 29 U.S.C. 667. Subject to these 
requirements, State Plan states are free to develop and enforce under 
state law their own requirements for occupational safety and health 
standards.
    While OSHA drafted this proposed rule to protect employees in every 
state, Section 18(c)(2) of the OSH Act permits State Plan states and 
U.S. territories to develop and enforce their own standards for powered 
industrial trucks provided the requirements in these standards are at 
least as safe and healthful as the requirements specified in this 
proposed rule. In summary, this notice of proposed rulemaking complies 
with Executive Order 13132. In States without OSHA-approved State 
Plans, any standard developed from this proposed rule would limit State 
policy options in the same manner as every standard promulgated by 
OSHA. In States with OSHA-approved State Plans, this rulemaking would 
not significantly limit State policy options.

E. State Plan States

    When Federal OSHA promulgates a new standard or a more stringent 
amendment to an existing standard, the 28 States and U.S. territories 
with their own OSHA-approved occupational safety and health plans must 
revise their standards to reflect the new standard or amendment. The 
State standard must be at least as effective as the final Federal 
standard or amendment and must be promulgated within six months of the 
publication date of the final Federal rule (29 U.S.C. 667(c)(2); 29 CFR 
1953.5(a)).
    A State Plan state may demonstrate that a standard change is 
unnecessary because the State standard is already the same as or at 
least as effective as the new or amended Federal standard. In order to 
avoid delays in worker protection, the effective date of the State 
standard and any of its delayed

[[Page 8762]]

provisions must be the date of State promulgation or the Federal 
effective date, whichever is later. The Assistant Secretary may permit 
a longer time period if the State timely demonstrates that good cause 
exists for extending the time limitation (29 CFR 1953.5(a)). Of the 28 
States and territories with OSHA-approved State plans, 22 cover public 
and private-sector employees: Alaska, Arizona, California, Hawaii, 
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New 
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, 
Utah, Vermont, Virginia, Washington, and Wyoming. Six States and 
territories cover only public-sector employees: Connecticut, Illinois, 
Maine, New Jersey, New York, and the Virgin Islands. When OSHA 
promulgates a new standard or amendment that does not impose additional 
or more stringent requirements than the existing standard, State Plan 
states are not required to amend their standards, although OSHA may 
encourage them to do so.
    If OSHA promulgates this proposed rule, employers would be required 
to ensure that new equipment manufactured on or after the effective 
date of the final rule complies with the relevant ANSI B56 standard 
incorporated by reference in table 1 or, alternatively, with a future 
national consensus standard or no consensus standard provided that the 
employer can demonstrate that the design and construction of the truck 
provides at least the same degree of safety as the design and 
construction requirements of the applicable ANSI standard in table 1. 
States and territories with approved State Plans would be required to 
adopt comparable amendments within six months of OSHA's promulgation of 
the final rule, unless they demonstrate that such a change is not 
necessary because their existing standards are already the same, or at 
least as effective, as OSHA's new final rule. State Plans would also be 
permitted to choose to conform to other proposed revisions, including 
the proposed provision allowing compliance with other consensus 
standards that are at least as protective as the applicable consensus 
standard incorporated by reference. OSHA seeks comment on this 
assessment of its proposal.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this notice of proposed rulemaking according to the 
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and 
Executive Order 13132 (64 FR 43255) (1999). As discussed above in 
Section III.B (``Preliminary Economic Analysis and Regulatory 
Flexibility Certification'') of this preamble, OSHA preliminarily 
determined that the proposed rule would not impose additional costs on 
any private-sector or public-sector entity employers.
    As noted above under Section III.E (``State Plan States'') of this 
preamble, OSHA standards do not apply to state or local governments 
except in states that elected voluntarily to adopt an OSHA-approved 
state plan. Consequently, this rulemaking does not meet the definition 
of a ``Federal intergovernmental mandate.'' See 2 U.S.C. 658(5). 
Therefore, for the purposes of the UMRA, OSHA certifies that this 
proposed rule would not mandate that state, local, or tribal 
governments adopt new, unfunded regulatory obligations, or increase 
expenditures by the private sector of more than $100 million in any 
year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this notice of proposed rulemaking in accordance with 
Executive Order 13175, 65 FR 67249 (2000), and determined that it does 
not have ``tribal implications'' as defined in that order. If 
finalized, this rule would not have substantial direct effects on one 
or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

H. Consultation With the Advisory Committee on Construction Safety and 
Health

    Under 29 CFR parts 1911 and 1912, OSHA must consult with the 
Advisory Committee on Construction Safety and Health (ACCSH), 
established pursuant to section 107 of the Contract Work Hours and 
Safety Standards Act (40 U.S.C. 3704), in setting standards for 
construction work. Specifically, 29 CFR 1911.10(a) requires the 
Assistant Secretary to provide ACCSH with a draft proposed rule (along 
with pertinent factual information) and give ACCSH an opportunity to 
submit recommendations. See also 29 CFR 1912.3(a).
    On July 1, 2020, OSHA presented its proposal to update the agency's 
powered industrial trucks standards, including its construction 
standard at 29 CFR 1926.602, to ACCSH. The Committee subsequently 
passed a motion recommending that the agency move forward in the 
rulemaking process. (See the minutes from the meeting, Docket No. 2020-
0003).

List of Subjects in 29 CFR Parts 1910 and 1926

    Incorporation by reference, Occupational safety and health, Powered 
industrial trucks.

Authority and Signature

    Douglas L. Parker, Assistant Secretary for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue NW, 
Washington, DC 20210, authorized the preparation of this document. OSHA 
is issuing this document pursuant to 29 U.S.C. 653, 655, and 657; 40 
U.S.C. 3701 et seq.; 5 U.S.C. 553; Secretary of Labor's Order 8-2020, 
85 FR 58393 (2020); and 29 CFR part 1911.

    Signed at Washington, DC, on January 7, 2022.
Douglas L. Parker,
Assistant Secretary for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated above in the preamble, the Occupational 
Safety and Health Administration proposes to amend 29 CFR parts 1910 
and 1926 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 1910 is revised to read 
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), 1-2012 
(77 FR 3912), or 8-2020 (85 FR 58393), as applicable.
    Sections 1910.6, 1910.7, 1910.8, and 1910.9 also issued under 29 
CFR part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 
29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113, 113 Stat. 1501A-222; 
Pub. L. 111-8, 123 Stat. 524, and Pub. L. 111-317, 124 Stat. 3454; 
and OMB Circular A-25 (58 FR 38142).

0
2. Amend Sec.  1910.6 by:
0
a. Redesignating paragraphs (e)(30), (32), and (34) as paragraphs 
(e)(33), (34), and (35), respectively;
0
b. Adding new paragraph (e)(30), paragraph (e)(31), and new paragraph 
(e)(32); and
0
c. In newly redesignated paragraph (e)(34), removing 
``1910.266(e)(2)(i)'' and adding ``Sec.  1910.266(e)(2)(i)'' in its 
place.
    The additions read as follows:


Sec.  1910.6   Incorporation by reference.

* * * * *
    (e) * * *

[[Page 8763]]

    (30) ANSI/ITSDF B56.1-2020, Safety Standards for Low Lift and High 
Lift Trucks; IBR approved for Sec.  1910.178(a).
    (31) ANSI/ITSDF B56.5-2019, Safety Standard for Driverless, 
Automatic Guided Industrial Vehicles and Automated Functions of Manned 
Industrial Vehicles; IBR approved for Sec.  1910.178(a).
    (32) ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain 
Forklift Trucks; IBR approved for Sec.  1910.178(a).
* * * * *

Subpart N--[Amended]

0
3. The authority citation for subpart N of part 1910 is revised to read 
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), 1-2012 (77 FR 
3912), or 8-2020 (85 FR 58393), as applicable; and 29 CFR part 1911.

0
4. Amend Sec.  1910.178 by revising paragraphs (a)(2) and (3) to read 
as follows:


Sec.  1910.178   Powered industrial trucks.

    (a) * * *
    (2)(i) All powered industrial trucks manufactured before [DATE 30 
DAYS AFTER PUBLICATION OF THE FINAL RULE] and used by an employer shall 
meet the design and construction requirements for powered industrial 
trucks established in either:
    (A) The ``American National Standard for Powered Industrial Trucks, 
Part II, ANSI B56.1-1969,'' which is incorporated by reference in Sec.  
1910.6; or
    (B) The applicable ANSI B56 standard in table 1 to this paragraph 
(a)(2).
    (ii) Powered industrial trucks manufactured before [DATE 30 DAYS 
AFTER PUBLICATION OF THE FINAL RULE] that the employer can demonstrate 
are at least as protective as powered industrial trucks that are 
designed and constructed in accordance with one of the consensus 
standards listed in paragraph (a)(2)(i) of this section will be deemed 
to be in compliance with the requirements of paragraph (a)(2)(i) of 
this section.
    (iii) All powered industrial trucks manufactured on or after [DATE 
30 DAYS AFTER PUBLICATION OF THE FINAL RULE] and used by an employer 
shall meet the design and construction requirements for powered 
industrial trucks established by the applicable ANSI B56 standard in 
table 1 to this paragraph (a)(2).
    (iv) Powered industrial trucks manufactured on or after [DATE 30 
DAYS AFTER PUBLICATION OF THE FINAL RULE] that the employer can 
demonstrate are at least as protective as powered industrial trucks 
that are designed and constructed in accordance with the applicable 
ANSI B56 standard in table 1 to this paragraph (a)(2) will be deemed to 
be in compliance with the requirements of paragraph (a)(2)(iii) of this 
section.

                       Table 1 to Paragraph (a)(2)
------------------------------------------------------------------------
  Design and construction requirements for powered industrial trucks in
                              ANSI B56 \1\
-------------------------------------------------------------------------
ANSI/ITSDF B56.1--2020, Safety Standard for Low Lift and High Lift
 Trucks.
ANSI/ITSDF B56.5--2019, Safety Standard for Driverless, Automatic Guided
 Industrial Vehicles and Automated Functions of Manned Industrial
 Vehicles.
ANSI/ITSDF B56.6--2021, Safety Standard for Rough Terrain Forklift
 Trucks.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   1910.6.

    (3) Approved trucks shall bear a label or some other identifying 
mark indicating approval by the testing laboratory. See paragraph 
(a)(7) of this section and paragraph 405 of ANSI B56.1-1969 or the 
design and construction requirements of the applicable ANSI B56 
standard in table 1 to paragraph (a)(2) of this section, which require 
powered industrial trucks that are accepted by a nationally recognized 
testing laboratory to be so marked.
* * * * *

PART 1926--[AMENDED]

Subpart A--[Amended]

0
5. The authority citation for subpart A of part 1926 is revised to read 
as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as 
applicable; and 29 CFR part 1911.

0
6. Amend Sec.  1926.6 by adding paragraphs (e)(17) through (19) to read 
as follows:


Sec.  1926.6  Incorporation by reference.

* * * * *
    (e) * * *
    (17) ANSI/ITSDF B56.1-2020, Safety Standards for Low Lift and High 
Lift Trucks; IBR approved for Sec.  1926.602(c).
    (18) ANSI/ITSDF B56.5-2019, Safety Standard for Driverless, 
Automatic Guided Industrial Vehicles and Automated Functions of Manned 
Industrial Vehicles; IBR approved for Sec.  1926.602(c).
    (19) ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain 
Forklift Trucks; IBR approved for Sec.  1926.602(c).
* * * * *

Subpart O--[Amended]

0
7. The authority citation for subpart O of part 1926 is revised to read 
as follows:

    Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 
31159), 4-2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 
58393), as applicable. Section 1926.602 also issued under 29 CFR 
part 1911.

0
8. Amend Sec.  1926.602 by revising paragraph (c)(1)(v) and (vi) to 
read as follows:


Sec.  1926.602  Material handling equipment.

* * * * *
    (c) * * *
    (1) * * *
    (v) All high-lift rider industrial trucks shall be equipped with 
overhead guards which meet the design requirements provided in 
paragraph (c)(1)(vi) of this section.
    (vi)(A) All industrial trucks manufactured before [DATE 30 DAYS 
AFTER PUBLICATION OF THE FINAL RULE] and used by an employer shall meet 
the design and construction requirements for powered industrial trucks 
established in either:
    (1) The ``American National Standard for Powered Industrial Trucks, 
Part II, ANSI B56.1-1969,'' which is incorporated by reference in Sec.  
1926.6; or
    (2) The applicable ANSI B56 standard in table 1 to this paragraph 
(c)(1)(vi).
    (B) Powered industrial trucks manufactured before [DATE 30 DAYS 
AFTER PUBLICATION OF THE FINAL

[[Page 8764]]

RULE] that the employer can demonstrate are at least as protective as 
powered industrial trucks that are designed and constructed in 
accordance with one of the consensus standards listed in paragraph 
(c)(1)(vi)(A) of this section will be deemed to be in compliance with 
the requirements of paragraph (c)(1)(vi)(A) of this section.
    (C) All industrial trucks manufactured on or after [DATE OF 
PUBLICATION OF THE FINAL RULE] and used by an employer shall meet the 
design and construction requirements for powered industrial trucks 
established in the applicable ANSI B56 standard in table 1 to this 
paragraph (c)(1)(vi).
    (D) Powered industrial trucks manufactured on or after [DATE 30 
DAYS AFTER PUBLICATION OF THE FINAL RULE] that the employer can 
demonstrate are at least as protective as powered industrial trucks 
that are designed and constructed in accordance with the applicable 
ANSI B56 standard in table 1 to this paragraph (c)(1)(vi) will be 
deemed to be in compliance with the requirements of paragraph 
(c)(1)(vi)(C) of this section.
    (E) All industrial trucks in use shall meet the applicable 
requirements of stability, inspection, testing, maintenance, and 
operation, as defined in American National Standards Institute B56.1-
1969, Safety Standards for Powered Industrial Trucks.

                     Table 1 to Paragraph (c)(1)(vi)
------------------------------------------------------------------------
  Design and construction requirements for powered industrial trucks in
                              ANSI B56 \1\
-------------------------------------------------------------------------
ANSI/ITSDF B56.1--2020, Safety Standard for Low Lift and High Lift
 Trucks.
ANSI/ITSDF B56.5--2019, Safety Standard for Driverless, Automatic Guided
 Industrial Vehicles and Automated Functions of Manned Industrial
 Vehicles.
ANSI/ITSDF B56.6--2021, Safety Standard for Rough Terrain Forklift
 Trucks.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   1926.6.

* * * * *
[FR Doc. 2022-01155 Filed 2-15-22; 8:45 am]
BILLING CODE 4510-26-P


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