[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Proposed Rules]
[Pages 3092-3094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1215]




[[Page 3091]]

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Part II





Department of Labor





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Occupational Safety and Health Administration



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29 CFR Part 1910, et al.



Powered Industrial Truck Operator Training; Proposed Rules

Federal Register / Vol. 61, No. 20 / January 30, 1996 / Proposed 
Rules 

[[Page 3092]]


DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918

[Docket No. S-008]


Powered Industrial Truck Operator Training

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Proposed rule; reopening of comment period, public hearing.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) 
proposed to revise the standards that provide for the training of 
powered industrial truck operators in general industry and the maritime 
industries to reduce injuries and deaths that result from inadequate 
training. That document was published on March 14, 1995 (60 FR 13782). 
In a companion document in today's Federal Register, OSHA is proposing 
to improve such training in the construction industry and is scheduling 
a public hearing.
    In order to permit consideration of these overlapping matters in 
the most efficient manner, OSHA is combining these rulemakings, 
reopening the comment period for general industry and maritime, and 
scheduling a hearing for all sectors.

DATES: Written comments on the proposed standard and notices of 
intention to appear at the informal public hearing on the proposed 
standard must be postmarked by April 1, 1996. Parties who request more 
than 10 minutes for their presentations at the informal public hearing 
and parties who will submit documentary evidence at the hearing must 
submit the full text of their testimony and all documentary evidence 
postmarked no later than April 15, 1996. The hearing will take place in 
Washington, DC and is scheduled to begin on April 30, 1996.

ADDRESSES: Comments should be sent in quadruplicate to: Docket Office, 
Docket No. S-008; Room N2624; U.S. Department of Labor, Occupational 
Safety and Health Administration, 200 Constitution Avenue NW., 
Washington, DC 20210 (202-523-7894).
    Notices of intention to appear at the informal rulemaking hearing, 
testimony, and documentary evidence are to be submitted in 
quadruplicate to: Mr. Thomas Hall, OSHA Division of Consumer Affairs, 
Occupational Safety and Health Administration, 200 Constitution Avenue 
NW,, Room N3647, Washington, DC 20210; (202-219-8615). Written comments 
received, notices of intention to appear, testimony, and all other 
material related to the development of this proposed standard will be 
available for inspection and copying in the public record in the Docket 
Office, Room N2624, at the above address.
    The hearing will be held in the auditorium of the U.S. Department 
of Labor, 200 Constitution Avenue NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information 
and Consumer Affairs, U.S. Department of Labor, Occupational Safety and 
Health Administration, Room N3647; 200 Constitution Avenue NW., 
Washington, DC 20210 (202-219-8148, FAX 202-219-5986).

SUPPLEMENTARY INFORMATION: On March 14, 1995 (60 FR 13782), OSHA 
proposed standards to improve training of powered industrial truck 
operators in general industry (29 CFR part 1910) and the maritime 
industries (29 CFR parts 1915, 1917 and 1918). After consulting with 
the Advisory Committee on Construction Safety and Health (ACCSH), OSHA 
is proposing improved training for those operators in the construction 
industry in today's Federal Register. OSHA believes the most efficient 
way to consider these matters is to combine the rulemaking into one 
proceeding that shares the same record. If the evidence indicates 
different requirements are needed for different sectors, this can be 
accommodated in the final standard. Also, some commenters to the March 
proposal requested a public hearing. (See Ex. 2-47.)
    Accordingly, OSHA is reopening the comment period for the general 
and maritime industries to April 1, 1996 to coincide with the comment 
period for construction. In addition, OSHA is scheduling a public 
hearing for all sectors commencing April 30, 1996. In light of budget 
stringency, OSHA is only scheduling a hearing in Washington, DC. 
Regional hearings create substantial expense.
    The Advisory Committee on Construction Safety and Health made 
several recommendations for powered industrial truck training in the 
construction industry that may have merit for other sectors as well. 
Accordingly, OSHA is requesting comment on these issues for all 
sectors, in addition to the other issues arising from the proposal. The 
four specific issues raised by the ACCSH are as follows:

    1. Should an employer be allowed to accept the certification of 
training by a third party such as a union, training institute, 
manufacturer, consultant, or other private or public organization? 
Since OSHA does not accredit certifiers, what criteria should be 
used to establish their credibility?
    Employees sometimes work only briefly for an employer and it 
might be inefficient for an employer with high turnover to have to 
specifically review the performance of each new employee. There 
would need to be some mechanism to ensure that the operator would be 
trained in the conditions comparable to those found at the work site 
and that the employer would know that the operator had been 
adequately trained.
    2. What type of testing should be conducted during initial 
training to judge the competency of the trainee (performance testing 
and oral and/or written tests)?
    A. If tests are administered, what subjects should be tested, 
and what methods, if any, should be used to judge that the tests are 
reliable and address the subject matter adequately?
    B. What, if any, should be the acceptable pass/fail requirement 
for the tests?
    ACCSH recommended that the employer or other organization 
training operators should give both performance tests and oral/
written tests to ensure the skill and knowledge of the operator. The 
committee also recommended that there should be pass/fail criteria 
for those tests and that records be kept of the results of the 
tests. They asserted that the requirement would assist in lowering 
accident rates. They also suggested that if this turned out not to 
be effective, that OSHA consider accreditation of training programs. 
OSHA did not propose a written or oral test requirement for general 
industry or maritime and in its experience, this issue has proven to 
be very controversial.
    3. Are some of the training areas listed not needed? ACCSH 
believes that most of the areas for training were necessary but they 
felt a few might not be. Specifically, they felt that the 
recommended topic on the differences between driving an auto and a 
powered industrial truck might be unnecessary. OSHA is concerned 
that the stability differences and the effects of rear wheel 
steering are significant matters.
    4. Should an employee receive refresher or remedial training 
only if operating a vehicle unsafely or if involved in an accident? 
Is a one year interval too frequent for retraining or 
recertification?
    The ACCSH asserted that a periodic retraining provision for 
construction was inappropriate because most construction employees 
are only on a particular job a short period. However, they 
recommended reevaluation and possible retraining after an incident, 
accident or expiration of a certificate. (See question 1.)
    OSHA has also made a few minor stylistic changes to improve the 
clarity of the regulatory text for construction. Interested parties 
may wish to comment on these.

Collection of Information Under the Paperwork Reduction Act

    In addition to the issues raised above, OSHA seeks specific comment 
on the collection of information requirement proposed in 
Secs. 1910.178(l)(5), 1915.120(a)(5), 1917.43(i)(5), and 

[[Page 3093]]
1918.77(a)(5) [60 FR 13782; March 14, 1995]. Those sections contain a 
collection of information requirement as defined by the new OMB 
regulations at 60 FR 44978, August 29, 1995. OSHA is asking for comment 
on a similar collection of information in Sec. 1926.602(d)(5) as part 
of the NPRM covering the construction industry. These paragraphs 
require employers to prepare and maintain a record to certify that 
employees have been trained and evaluated as required by the powered 
industrial truck operator training proposed standard. The proposed rule 
requires employers to certify compliance with the standard by preparing 
a certification record that contains the name of the employee trained, 
the date of training, and the signature of the person performing the 
training and evaluation.
    This certification record is needed to verify that powered 
industrial truck operators are trained to perform their duties 
competently and safely. To comply with the training requirement, 
employers must keep a record certifying that their employees have 
successfully completed powered industrial truck operator training. Safe 
operation can decrease the number of fatalities and injuries associated 
with powered industrial trucks.
    It has been estimated that there are approximately 1.2 million 
powered industrial truck operators, and which each firm averaging four 
powered industrial trucks in operation, the total number of responses 
to this standard should be 360,000. Initial training should occur one 
time per operator and refresher training when necessary. The refresher 
training is to be done when working conditions change for any reason, 
for example, when an operator leaves a job working in general industry 
(a warehouse) to a job working on a construction site. The working 
conditions are different, therefore, the operator should be retrained 
about the new hazards that may exist in the new work environment.
    OSHA estimates that it will take employers about 1 hour to prepare 
and 8 hours to deliver the training and another 15 minutes to prepare a 
certification record, make it available during compliance inspections, 
retain current training materials and course outlines, and document the 
types of trucks that an operator is authorized to operate. It will cost 
employers on average about $53 to initially train and certify each 
employee. The total first year burden for all workplaces is 641,125 
burden hours at an annual cost of $4,570,881. It should be noted that 
the $4,570,881 cost is included in the regulatory analysis cost and, by 
OMB definition, includes training costs, not just the cost of preparing 
written documents.
    OSHA requests comment from the public on all aspects of this 
collection of information. Specifically OSHA requests comment or 
whether this proposed collection of information does:
    <bullet> Ensure that the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    Comments on the collection of information (certification record) 
should be sent to the OMB Desk Officer for OSHA at Room 10235, 726 
Jackson Place, NW, Washington, DC 20503. Commenters are encouraged to 
send a copy of their comment on the collection of information to OSHA 
along with their other comments. The supporting statement for this 
collection of information requirement is available in both OMB and the 
OSHA Docket Offices.
    OMB is currently reviewing OSHA proposed collection of information 
to determine its consistency with the Paperwork Reduction Act of 1995. 
At this time OMB has not approved this collection of information.

Public Participation

    Interested persons are requested to submit written data, views and 
arguments concerning the proposal of March 14, 1995 and the additional 
issues raised in this document. These comments must be postmarked by 
April 1, 1996, and submitted in quadruplicate to the Docket Office, 
Docket No. S-008, Room N2624, U.S. Department of Labor, Occupational 
Safety and Health Administration, 200 Constitution Avenue NW., 
Washington, DC 20210.
    All written comments received within the specified comment period 
will be made a part of the record and will be available for public 
inspection and copying at the above Docket Office address. The comments 
submitted as part of the proposal for general industry and maritime 
will be considered part of the record for construction and those 
submitted for construction will be considered part of the record for 
general industry and maritime.

Notice of Intention to Appear at the Informal Hearing

    Pursuant to section 6(b)(3) of the Occupational Safety and Health 
Act, an opportunity to submit oral testimony concerning the issues 
raised by the proposed standard including economic and environmental 
impacts, will be provided at an informal public hearing to be held in 
Washington, DC on April 30, 1996. If OSHA receives sufficient requests 
to participate in the hearing, the hearing period may be extended. 
Conversely, the hearing may be shortened if there are few requests.
    The hearing will commence at 9:30 a.m. on April 30, 1996, in the 
Auditorium, Frances Perkins Building, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210.
    All persons desiring to participate in the hearing must file in 
quadruplicate a notice of intention to appear, postmarked on or before 
April 1, 1996. The notice of intention to appear, which will be 
available for inspection and copying at the OSHA Technical Data Center 
Docket Office (Room N2624), telephone (202) 219-7894, must contain the 
following information:
    1. The name, address, and telephone number of each person to 
appear;
    2. The capacity in which the person will appear;
    3. The approximate amount of time required for the presentation;
    4. The issues that will be addressed;
    5. A brief statement of the position that will be taken with 
respect to each issue; and
    6. Whether the party intends to submit documentary evidence and, if 
so, a brief summary of it.
    The notice of intention to appear shall be mailed to Mr. Thomas 
Hall, OSHA Division of Consumer Affairs, Docket S-008, Room N3647, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone (202) 219-8615.
    A notice of intention to appear also may be transmitted by 
facsimile to (202) 219-5986 (Attention: Thomas Hall), by the same date, 
provided the original and 3 copies are sent to the same address and 
postmarked no more than 3 days later. 

[[Page 3094]]


Filing of Testimony and Evidence Before the Hearing

    Any party requesting more than 10 minutes for a presentation at the 
hearing, or who will submit documentary evidence, must provide in 
quadruplicate, the complete text of the testimony, including any 
documentary evidence to be presented at the hearing. One copy shall not 
be stapled or bound and be suitable for copying. These materials must 
be provided to Mr. Thomas Hall, OSHA Division of Consumer Affairs at 
the address above and be postmarked no later than April 15, 1996.
    Each such submission will be reviewed in light of the amount of 
time requested in the notice of intention to appear. In those instances 
when the information contained in the submission does not justify the 
amount of time requested, a more appropriate amount of time will be 
allocated and the participant will be notified of that fact prior to 
the informal public hearing.
    Any party who has not substantially complied with this requirement 
may be limited to a 10-minute presentation, and may be requested to 
return for questioning at a later time.
    Any party who has not filed a notice of intention to appear may be 
allowed to testify for no more than 10 minutes as time permits, at the 
discretion of the Administrative Law Judge, but will not be allowed to 
question witnesses.
    Notice of intention to appear, testimony and evidence will be 
available for copying at the Docket Office at the address above.

Conduct and Nature of the Hearing

    The hearing will commence at 9:30 a.m. on April 30, 1996. At that 
time, any procedural matters relating to the proceeding will be 
resolved.
    The nature of an informal rulemaking hearing is established in the 
legislative history of section 6 of the Occupational Safety and Health 
Act and is reflected by OSHA's rules of procedure for hearings (29 CFR 
1911.15(a)). Although the presiding officer is an Administrative Law 
Judge and limited questioning by persons who have filed notices of 
intention to appear is allowed on crucial issues, the proceeding is 
informal and legislative in type. The Agency's intent, in essence, is 
to provide interested persons with an opportunity to make effective 
oral presentations that can proceed expeditiously in the absence of 
procedural restraints that impede or protract the rulemaking process.
    Additionally, since the hearing is primarily for information 
gathering and clarification, it is an informal administrative 
proceeding rather than an adjudicative one.
    The technical rules of evidence, for example, do not apply. The 
regulations that govern hearings and the pre-hearing guidelines to be 
issued for this hearing will ensure fairness and due process and also 
facilitate the development of a clear, accurate and complete record. 
Those rules and guidelines will be interpreted in a manner that 
furthers that development. Thus, questions of relevance, procedure and 
participation generally will be decided so as to favor development of 
the record.
    The hearing will be conducted in accordance with 29 CFR part 1911. 
It should be noted that Sec. 1911.4 specifies that the Assistant 
Secretary may, upon reasonable notice, issue alternative procedures to 
expedite proceedings or for other good cause.
    The hearing will be presided over by an Administrative Law Judge 
who makes no decision or recommendation on the merits of OSHA's 
proposal. The responsibility of the Administrative Law Judge is to 
ensure that the hearing proceeds at a reasonable pace and in an orderly 
manner. The Administrative Law Judge, therefore, will have all the 
powers necessary and appropriate to conduct a full and fair informal 
hearing as provided in 29 CFR 1911, including the powers:
    1. To regulate the course of the proceedings;
    2. To dispose of procedural requests, objections and comparable 
matters;
    3. To confine the presentations to the matters pertinent to the 
issues raised;
    4. To regulate the conduct of those present at the hearing by 
appropriate means;
    5. At the Judge's discretion, to question and permit the 
questioning of any witness and to limit the time for questioning; and
    6. At the Judge's discretion, to keep the record open for a 
reasonable, stated time (known as the post-hearing comment period) to 
receive written information and additional data, views and arguments 
from any person who has participated in the oral proceedings.
    OSHA recognizes that there may be interested persons who, through 
their knowledge of safety or their experience in the operations 
involved, would wish to endorse or support certain provisions in the 
standard. OSHA welcomes such supportive comments, including any 
pertinent accident data or cost information that may be available, in 
order that the record of this rulemaking will present a balanced 
picture of the public response on the issues involved.

    Signed at Washington, DC, this 22nd day of January, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 96-1215 Filed 1-29-96; 8:45 am]
BILLING CODE 4510-26-P