Powered Industrial Truck Operator Training

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:

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.

[[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]

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