3092 Federal Register / Vol. 61, No. 20 / January 30, 1996 / Proposed Rules

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.

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 §§ 1910.178(l)(5),

1915.120(a)(5), 1917.43(i)(5), and
Federal Register / Vol. 61, No. 20 / January 30, 1996 / Proposed Rules 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

§ 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:

• 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;

• 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;

• Enhance the quality, utility, and

clarity of the information to be

collected; and

• 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.
3094 Federal Register / Vol. 61, No. 20 / January 30, 1996 / Proposed Rules

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 § 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

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1926

[Docket No. S–008]

Powered Industrial Truck Operator

Training

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Proposed rule.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) is

proposing to revise the Agency’s

construction safety standard that

mandates the training of powered

industrial truck operators. These

revisions are being proposed to reduce

the number of injuries and deaths that

have continued to occur as a result of

inadequate truck operator training. The

proposal is a follow-up to a parallel

proposal to improve truck operator

training in the general and maritime

industries that was published in the

Federal Register on March 14, 1995.

The proposed operator training

requirements would mandate the

development of a training program that

bases the amount and type of training

on the prior knowledge of the trainee

and the ability of that trainee to acquire,

retain, and use the knowledge and skills

that are necessary to safely operate a

powered industrial truck. A periodic

evaluation of each operator’s

performance would also be required.

Refresher or remedial training would be

required, if unsafe vehicle operation, an

accident or near miss, or other

deficiencies were identified in this

periodic evaluation.

Today, OSHA also is publishing a

Federal Register notice reopening the

comment period for the general industry

and maritime industry truck operator

training proposal. OSHA is scheduling a

joint informal hearing to revise

comments and testimony on both

proposals, i.e., the proposal published

in March and the one being published

today.

DATES: Written comments on the

proposed standards and notices of

intention to appear at the informal

public hearings on the proposed

standards must be postmarked by April