Powered Industrial Truck Operator Training

Federal RegisterDec 1, 1998

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket S-008]

RIN 1218-AB33

Powered Industrial Truck Operator Training

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is

revising its existing requirements for powered industrial truck

operator training (codified at 29 CFR 1910.178(l)) and issuing new

requirements to improve the training of these operators. The new

requirements are intended to reduce the number of injuries and deaths

that occur as a result of inadequate operator training. They apply to

all industries (general industry, construction, shipyards, marine

terminals, and longshoring operations) in which the trucks are being

used, except agricultural operations.

These provisions mandate a training program that bases the amount

and type of training required on: the operator's prior knowledge and

skill; the types of powered industrial trucks the operator will operate

in the workplace; the hazards present in the workplace; and the

operator's demonstrated ability to operate a powered industrial truck

safely. Refresher training is required if: the operator is involved in

an accident or a near-miss incident; the operator has been observed

operating the vehicle in an unsafe manner; the operator has been

determined during an evaluation to need additional training; there are

changes in the workplace that could affect safe operation of the truck;

or the operator is assigned to operate a different type of truck.

Evaluations of each operator's performance are required as part of the

initial and refresher training, and at least once every three years.

OSHA estimates that this rule will prevent 11 deaths and 9,422

injuries per year. OSHA estimates that the annualized cost of this rule

is approximately $16.9 million for all affected industries.

DATES: Effective Date: The effective date is March 1, 1999.

Compliance Dates: The dates by which powered industrial truck

operators must be trained are shown on the following table.

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The initial training and

If the employee was hired evaluation of that employee

must be completed

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Before December 1, 1999................ By December 1, 1999.

After December 1, 1999................. Before the employee is assigned

to operate a powered

industrial truck.

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On November 18, 1998, the Office of Management and Budget granted

approval of the information collection requirements under Office of

Management and Budget Control Number 1218-0242.

ADDRESSES: Send petitions for review of the provisions of this standard

to the Associate Solicitor for Occupational Safety and Health; Office

of the Solicitor, Room S-4004; U.S. Department of Labor; 200

Constitution Avenue, N.W.; Washington, D.C. 20210.

For additional copies of this publication contact USDOL, OSHA,

Office of Publications, Room N3101; 200 Constitution Avenue, N.W.;

Washington, D.C. 20210; telephone (202) 219-4667, FAX (202) 219-9266.

FOR FURTHER INFORMATION CONTACT: Direct press inquiries to: Bonnie

Friedman, Director, Office of Information and Consumer Affairs; OSHA,

U.S. Department of Labor, Room N3637; 200 Constitution Avenue, N.W.,

Washington, D.C. 20210; telephone (202) 693-1999, FAX (202) 693-1634.

Direct technical inquiries to: Richard Sauger, OSHA, Directorate of

Safety Standards Programs, Room N3621; telephone (202) 693-2082; FAX

(202)693-1663; Larry Liberatore, OSHA, Office of Maritime Safety

Standards, Room N3621; telephone (202) 693-2086; FAX (202) 693-1663; or

Laurence Davey; OSHA, Office of Construction Standards and Compliance

Assistance, Room N3621; telephone (202) 693-2073; FAX (202) 219-6599,

all at U.S. Department of Labor, 200 Constitution Avenue, N.W.;

Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

A. General Industry

B. Shipyards and Marine Cargo Handling

C. Construction

D. Development of the Proposal

E. Updated Consensus Standard

II. Powered Industrial Truck Characteristics

III. Powered Industrial Truck Hazards

IV. Studies of Accident and Injury Data and Training Effectiveness

A. Accident and Injury Data

B. Studies Measuring the Effectiveness of Powered Industrial

Truck Safety Training Programs

V. Basis for Agency Action

VI. Training

VII. The Issues

VIII. Summary and Explanation of the Final Standard

A. General

B. Scope

C. Safe Operation--Paragraph (l)(1)

D. Training Program Implementation--Paragraph (l)(2)

E. Training Program Content--Paragraph (l)(3)

F. Refresher Training and Evaluation--Paragraph (l)(4)

G. Avoidance of Duplicative Training--Paragraph (l)(5)

H. Certification--Paragraph (l)(6)

I. Compliance Dates--Paragraph (l)(7)

J. Appendix

IX. Statutory Considerations

X. Economic Analysis

XI. Environmental Impact

XII. OMB Review under the Paperwork Reduction Act

XIII. State Plan Standards

XIV. Federalism and Children's Executive Order

XV. List of Subjects

XVI. Authority

XVII. Regulatory Text

I. Background

A. General Industry

On May 29, 1971 (36 FR 10466), OSHA adopted many existing Federal

standards and national consensus standards as OSHA standards under

Section 6(a) of the Occupational Safety and Health Act (OSH Act) (29

U.S.C. 655 et al.). Section 6(a) permitted OSHA to adopt these

standards without rulemaking for a period of two years after the

effective date of the OSH Act.

One of the consensus standards that was adopted under the Section

6(a) procedure was the American National Standards Institute (ANSI)

B56.1-1969, Safety Standard for Powered Industrial Trucks. Among the

provisions adopted from that consensus standard was the operator

training requirement subsequently codified by OSHA at 29 CFR

1910.178(l). That requirement states:

``Only trained and authorized operators shall be permitted to

operate a powered industrial truck. Methods shall be devised to

train operators in the safe operation of powered industrial

trucks.''

[[Page 66239]]

In that consensus standard, a powered industrial truck is defined

as a mobile, power-driven vehicle used to carry, push, pull, lift,

stack, or tier material. Vehicles that were commonly referred to as

high lift trucks, counterbalanced trucks, cantilever trucks, rider

trucks, forklift trucks; high lift platform trucks; low lift trucks,

low lift platform trucks; motorized hand trucks, pallet trucks; narrow

aisle rider trucks, straddle trucks; reach rider trucks; single side

loader rider trucks; high lift order picker rider trucks; motorized

hand/rider trucks; or counterbalanced front/side loader lift trucks

1 are included. Vehicles used for earth moving or over-the-

road haulage are excluded from the scope of the consensus standard, and

consequently from coverage by the OSHA standard.

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\1\ The use of a single characteristic to describe a truck, such

as ``high lift'' truck, does not fully describe a single type of

truck but rather defines a group of different trucks that have that

same characteristic. A given truck can only be accurately described

by referring to all of its characteristics. For example, the common

type of truck used in a warehouse is a high lift, counterbalanced,

sit-down rider truck.

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B. Shipyards and Marine Cargo Handling

In 1958, Congress amended the Longshore and Harbor Workers'

Compensation Act (LHWCA) (33 U.S.C. 901 et seq.) to provide maritime

employees with a safe work environment. The amendments (Pub. L. 85-742,

72 Stat. 835) required employers covered by the LHWCA to ``furnish,

maintain and use'' equipment and to establish safe working conditions

in accordance with regulations promulgated by the Secretary of Labor.

Two years later, the Bureau of Labor Standards issued the first set of

safety and health regulations for shipyards as parts 6, 7, and 8, and

longshoring activities as 29 CFR part 9 (25 FR 1565, February 20,

1960). However, the longshoring regulations only covered those

activities taking place aboard vessels.

As discussed earlier, the OSH Act authorized the Secretary of Labor

to adopt established Federal standards issued under other statutes,

including the LHWCA, as occupational safety and health standards.

Accordingly, the Secretary adopted the existing shipyards and

longshoring regulations (39 FR 22074, June 19, 1974). These regulations

are at 29 CFR part 1915 for shipyards and 29 CFR part 1918 for

longshoring. Because the OSH Act comprehensively covers all private

employments, the longshoring standards also were applied to shoreside

cargo handling operations (i.e., marine terminal operations). (See 29

CFR 1910.16.) OSHA's requirements for using mechanically powered

vehicles aboard vessels were codified at Sec. 1918.97, which includes a

general requirement for the training of all vehicle operators.

In addition, in accordance with established policy codified at 29

CFR 1910.5(c)(2), OSHA has applied its general industry standards to

shoreside activities not covered by its older longshoring rules. Under

section 1910.5(c)(2), a general industry standard covering a hazardous

condition applies to shoreside activities not covered by a specific

standard addressing that hazard. Shipyards are covered by the general

industry standard.

On July 5, 1983 (48 FR 30886), OSHA published its final standard

for Marine Terminals (29 CFR part 1917). This rule was intended to

further address the shoreside segment of marine cargo handling. Section

1917.27, Personnel, states:

(a) Qualifications of machinery operators.

(1) Only those employees determined by the employer to be

competent by reason of training or experience, and who understand

the signs, notices and operating instructions and are familiar with

the signal code in use shall be permitted to operate a crane, winch

or other power operated cargo handling apparatus, or any power

operated vehicle, or give signals to the operator of any hoisting

apparatus.

Exception: Employees being trained and supervised by a

designated person may operate such machinery and give signals to

operators during training.

The marine terminals standard also includes requirements for

powered industrial trucks at Sec. 1917.43, Powered industrial trucks.

However, these requirements are for operating, maintaining, and

outfitting these vehicles and do not expand on the training

requirements found at Sec. 1917.27.

On July 25, 1997, OSHA published in the Federal Register (62 FR

40147) final rules revising the marine terminals standard (29 CFR part

1917) and the longshoring standard (29 CFR part 1918). Those final

rules left to this rulemaking the issue of improving the training

requirements for powered industrial truck operators in the marine cargo

handling industries. Accordingly, the final rule being published today

includes requirements for the training of powered industrial truck

operators in shipyards, longshoring operations, and marine terminals to

ensure that all covered employees operating such vehicles have improved

protection.

C. Construction

In 1969, Congress amended the Contract Work Hours Standards Act

(CWHSA) (40 U.S.C. 327 et seq.) by adding a new section 107 (40 U.S.C.

333) to provide employees in the construction industry with a safer

work environment and to reduce the frequency and severity of

construction accidents and injuries. The amendment, commonly known as

the Construction Safety Act (CSA) (Pub. L. 91-54; August 9, 1969),

significantly strengthened employee protection by providing for the

adoption of occupational safety and health standards for employees of

the building trades and construction industry working on Federally

financed or Federally assisted construction projects. Accordingly, the

Secretary of Labor issued safety and health regulations for

construction at 29 CFR part 1518 (36 FR 7340, April 17, 1971) pursuant

to section 107 of the CWHSA.

As noted earlier, the OSH Act authorized the Secretary of Labor to

adopt existing Federal standards issued under other statutes as

occupational safety and health standards. Accordingly, in 1971, the

Secretary of Labor adopted the standards that had been issued under the

CWHSA at 29 CFR 1518 as OSHA construction standards. These standards

were redesignated as part 1926 on December 30, 1971 (36 FR 25232). The

provisions pertaining to powered industrial trucks used in construction

are contained at Sec. 1926.602(c). Paragraph 1926.602(c)(1)(vi) states:

(vi) All industrial trucks in use shall meet the applicable

requirements of design, construction, stability, inspection,

testing, maintenance, and operation, as defined in American National

Standards Institute B56.1-1969, Safety Standards for Powered

Industrial Trucks.

Therefore, by incorporating by reference the same ANSI standard that

was the source document for 29 CFR 1910.178, this provision imposes the

identical truck operator training requirements on the construction

industry as they apply to general industry.

D. Development of Proposal

Since promulgation of the OSHA standards for powered industrial

trucks in 1971, interested persons have requested that OSHA improve its

training requirements for powered industrial truck operators. In the

interval since 1971, the ASME B56.1 Committee has also substantially

upgraded its training provisions for powered industrial truck

operators.

On March 15, 1988, the Industrial Truck Association (ITA)

petitioned

[[Page 66240]]

OSHA to revise its standard for the training of powered industrial

truck operators (Ex. 3-2). The petition contained suggested language

for a proposed requirement and a model operator training program that

would meet the ITA-recommended requirement. OSHA responded to the

petition on April 8, 1988, stating that it would revise the OSHA

powered industrial truck operator training requirements when it

completed work on other priority rulemaking projects.

Congress has expressed a special interest in this rulemaking. A

resolution urging OSHA to revise its regulations on powered industrial

truck operator training was introduced in the Senate during the 103rd

Congress. Senate Concurrent Resolution 17 had 55 cosponsors and broad

bipartisan support. Its companion measure in the House of

Representatives, H. Con. Res. 92, had 236 cosponsors from both parties.

No formal vote was ever taken on either resolution, however.

On March 14, 1995, OSHA published in the Federal Register (60 FR

13782) a notice of proposed rulemaking (NPRM) to revise the training

requirement of the general industry standard for powered industrial

trucks (Sec. 1910.178(l)). This notice also proposed to add training

requirements for powered industrial truck operators in the shipyard

industry (1915.120(a)), marine terminal industry (1917.43(i)), and the

longshoring industry (1918.77(a)).

OSHA provided copies of a draft of the March 14, 1995, Federal

Register NPRM to the Advisory Committee on Construction Safety and

Health (ACCSH) at the Committee's meetings on February 28 and March 1,

1995. The Committee advised OSHA that it would like additional time to

study the proposal and would finalize its recommendations by its next

meeting on May 25-26, 1995. Because ACCSH had provided no

recommendations or other information, OSHA decided to delay proposing

the revision of the training requirements for powered industrial truck

operators in the construction industry until the Committee had

concluded its deliberations.

ACCSH met on May 25-26, 1995, at which time the Committee prepared

its comments and recommendations. The Committee recommended that OSHA

propose somewhat different requirements for powered industrial truck

operator training for construction workers than the Agency had proposed

for general industry, longshoring, shipyards, and marine terminals.

OSHA reviewed the ACCSH recommendations and determined that these

changes might be appropriate for other industries as well. OSHA decided

that the most effective way to fully consider the Committee's

recommendations was to raise a series of issues in the preamble of the

proposed training requirements for construction and to invite public

comment.

On Jan. 30, 1996, OSHA published an NPRM in the Federal Register

(61 FR 3094) proposing to adopt as a new paragraph 1926.602(d)

essentially the same training requirements for powered industrial truck

operators in the construction industry as had been proposed for general

industry and the shipyard and marine cargo handling industries. OSHA

also published in that notice the following four issues that responded

to the ACCSH recommendations:

1. In the construction industry, should an employer be allowed to

accept the certification of training by a third party such as a union,

manufacturer, consultant, or other private or public organization?

Since OSHA does not accredit certifiers, what criteria should be used

to establish their credibility?

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?

3. Are some of the listed training subjects not needed?

4. Should an employee receive refresher or remedial training only

if operating a vehicle unsafely or if involved in an accident? Is there

any fixed operator retraining frequency suitable for the construction

industry?

In a companion Federal Register notice (61 FR 3092), OSHA announced

that a public hearing would be held. The hearing was to cover all

industry sectors. That notice also advised the public that the issues

raised in the construction notice should be considered for general

industry and the shipyard and marine cargo handling industries and

invited public comment. The hearing was held on April 30 through May 2,

1996.

There were 109 commenters who responded to the proposals outlined

above and 22 participants at the public hearing. The presiding

Administrative Law Judge allowed 60 days for post-hearing comments and

an additional 30 days for post-hearing briefs. All comments,

transcripts, and other evidence have been placed in the rulemaking

record and are available for public inspection and copying. The

rulemaking record was closed and certified as complete and final by the

Administrative Law Judge on June 1, 1998. In preparing these final

rules, OSHA has considered the entire rulemaking record and has made

changes to the general industry, construction, shipyard, and marine

cargo handling industries standards, as appropriate, based on the

comments, testimony, and other evidence received.

As the following discussion demonstrates, OSHA concludes that

upgrading the training requirements for powered industrial truck

operators will substantially reduce the significant risk of death and

injury caused by the unsafe operation of powered industrial trucks

driven by untrained or inadequately trained operators.

E. Updated Consensus Standard

Since promulgation of the OSHA safety and health standards in 1971,

the consensus standard (ANSI B56.1-1969) (now ASME B56.1) on which the

general industry powered industrial truck standard was based has

undergone four complete revisions (dated 1975, 1983, 1988, and 1993).

The current edition standard, ASME B56.1-1993 (Ex. 3-1), addresses

truck operator training as follows.

4.19 Operator Training

4.19.1 Personnel who have not been trained to operate powered

industrial trucks may operate a truck for the purposes of training

only, and only under the direct supervision of the trainer. This

training should be conducted in an area away from other trucks,

obstacles, and pedestrians.

4.19.2 The operator training program should include the user's

policies for the site where the trainee will operate the truck, the

operating conditions for that location, and the specific truck the

trainee will operate. The training program shall be presented to all

new operators regardless of previous experience.

4.19.3 The training program shall inform the trainee that:

(a) The primary responsibility of the operator is to use the

powered industrial truck safely following the instructions given in the

training program.

(b) Unsafe or improper operation of a powered industrial truck can

result in: death or serious injury to the operator or others; damage to

the powered industrial truck or other property.

4.19.4 The training program shall emphasize safe and proper

operation to

[[Page 66241]]

avoid injury to the operator and others and prevent property damage,

and shall cover the following areas:

(a) Fundamentals of the powered industrial truck(s) the trainee

will operate, including:

(1) characteristics of the powered industrial truck(s), including

variations between trucks in the workplace;

(2) similarities to and differences from automobiles;

(3) significance of nameplate data, including rated capacity,

warnings, and instructions affixed to the truck;

(4) operating instructions and warnings in the operating manual for

the truck, and instructions for inspection and maintenance to be

performed by the operator;

(5) type of motive power and its characteristics;

(6) method of steering;

(7) braking method and characteristics, with and without load;

(8) visibility, with and without load, forward and reverse;

(9) load handling capacity, weight and load center;

(10) stability characteristics with and without load, with and

without attachments;

(11) controls--location, function, method of operation,

identification of symbols;

(12) load handling capabilities; forks, attachments;

(13) fueling and battery charging;

(14) guards and protective devices for the specific type of truck;

(15) other characteristics of the specific industrial truck.

(b) Operating environment and its effect on truck operation,

including:

(1) floor or ground conditions including temporary conditions;

(2) ramps and inclines, with and without load;

(3) trailers, railcars, and dockboards (including the use of wheel

chocks, jacks, and other securing devices);

(4) fueling and battery charging facilities;

(5) the use of ``classified'' trucks in areas classified as

hazardous due to risk of fire or explosion, as defined in ANSI/NFPA

505;

(6) narrow aisles, doorways, overhead wires and piping, and other

areas of limited clearance;

(7) areas where the truck may be operated near other powered

industrial trucks, other vehicles, or pedestrians;

(8) use and capacity of elevators;

(9) operation near edge of dock or edge of improved surface;

(10) other special operating conditions and hazards which may be

encountered.

(c) Operation of the powered industrial truck, including:

(1) proper preshift inspection and approved method for removing

from service a truck which is in need of repair;

(2) load handling techniques, lifting, lowering, picking up,

placing, tilting;

(3) traveling, with and without loads; turning corners;

(4) parking and shutdown procedures;

(5) other special operating conditions for the specific

application.

(d) Operating safety rules and practices, including:

(1) provisions of this Standard in Sections 5.1 to 5.4 addressing

operating safety rules and practices;

(2) provisions of this Standard in Section 5.5 addressing care of

the truck;

(3) other rules, regulations, or practices specified by the

employer at the location where the powered industrial truck will be

used.

(e) Operational training practice, including;

(1) if feasible, practice in the operation of powered industrial

trucks shall be conducted in an area separate from other workplace

activities and personnel;

(2) training practice shall be conducted under the supervision of

the trainer;

(3) training practice shall include the actual operation or

simulated performance of all operating tasks such as load handling,

maneuvering, traveling, stopping, starting, and other activities under

the conditions which will be encountered in the use of the truck.

4.19.5 Testing, Retraining, and Enforcement

(a) During training, performance and oral and/or written tests

shall be given by the employer to measure the skill and knowledge of

the operator in meeting the requirements of the Standard. Employers

shall establish a pass/fail requirement for such tests. Employers may

delegate such testing to others but shall remain responsible for the

testing. Appropriate records shall be kept.

(b) Operators shall be retrained when new equipment is introduced,

existing equipment is modified, operating conditions change, or an

operator's performance is unsatisfactory.

(c) The user shall be responsible for enforcing the safe use of the

powered industrial truck according to the provisions of this Standard.

Note: Information on operator training is available from such

sources as powered industrial truck manufacturers, government

agencies dealing with employee safety, trade organizations of users

of powered industrial trucks, public and private organizations, and

safety consultants.

Since 1971, the national consensus committee has adopted other

volumes 2 for specific types of vehicles that fall within

the broad definition of a powered industrial truck. Supplementary

volumes have been developed and adopted for: guided industrial

vehicles; rough terrain forklift trucks; industrial crane trucks;

personnel and burden carriers; operator controlled industrial tow

tractors; and manually propelled high lift industrial trucks. The

training provisions OSHA is adopting are performance-oriented and could

be applied to operator training for all types of industrial trucks.

However, this final rule covers only those types of powered industrial

trucks that fall within the scope of 29 CFR 1910.178(a) for general

industry, construction, and shipyards. That scope includes some types

of powered industrial trucks that have supplementary ASME volumes, such

as rough terrain forklift trucks, but does not include earth moving

equipment or vehicles for over-the-road haulage, for which ASME has

also developed specific volumes.

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\2\ The national consensus committees call the standards for

different pieces of equipment ``volumes'' and all of the volumes

produced by the committee the ``standard.''

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II. Powered Industrial Truck Characteristics

The term ``powered industrial truck'' is defined in the ASME B56.1

(formerly the ANSI B56.1) standard as a ``mobile, power propelled truck

used to carry, push, pull, lift, stack, or tier material.'' Vehicles

that are used for earth moving and over-the-road hauling are excluded.

Powered industrial trucks are classified by their manufacturers

according to their individual characteristics. There are seven classes

of powered industrial trucks:

Class 1--Electric Motor, Sit-down Rider, Counter-Balanced Trucks

(Solid and Pneumatic Tires).

Class 2--Electric Motor Narrow Aisle Trucks (Solid Tires).

Class 3--Electric Motor Hand Trucks or Hand/Rider Trucks (Solid

Tires).

Class 4--Internal Combustion Engine Trucks (Solid Tires).

Class 5--Internal Combustion Engine Trucks (Pneumatic Tires).

Class 6--Electric and Internal Combustion Engine Tractors (Solid

and Pneumatic Tires).

Class 7--Rough Terrain Forklift Trucks (Pneumatic Tires).

Each of the different types of powered industrial trucks has its

own unique characteristics and some inherent hazards. To be most

effective, training must address the unique characteristics

[[Page 66242]]

of the type of vehicle(s) the employee is being trained to operate.

Powered industrial trucks may operate on almost any type of

surface, from smooth and level floors to rocky, uneven ground, provided

they were manufactured to operate on that type of floor or ground and

the surface does not have an excessive slope. For example, construction

forklift trucks (most commonly, those that are classified as Class 7,

rough terrain forklifts) are more often operated on uneven, ungraded

terrain than is the case for trucks in other industries.

Different trucks are designed and manufactured to operate in

different work environments. Some powered industrial trucks are used

for moving material in a particular type of workplace. For example,

high lift trucks can be used to raise loads up to 30 or 40 feet above

the ground, deposit the material on a rack, mezzanine, roof under

construction, scaffold, or another elevated location, and subsequently

retrieve and lower the material. Some vehicles are used to raise a

palletized load just a few inches above the floor and move that load to

another location in a warehouse or other indoor workplace.

Powered industrial trucks can be equipped with, or can be modified

to accept, attachments that permit the truck to move odd-shaped

material or carry out tasks that may not have been envisioned when the

truck was designed and manufactured. Many of these attachments are

added to or installed on the vehicle by the dealer or the employer. For

example, there are powered industrial truck attachments for grasping

barrels or drums of material. Some of these attachments not only grasp

a barrel or drum but allow the vehicle operator to rotate the barrel or

drum to empty it or lay it on its side.

OSHA recognizes that certain attachments may limit the safe use of

the vehicle. To ensure that modifications or additions do not adversely

affect the safe use of the vehicle, OSHA requires at

Sec. 1910.178(b)(4) that:

(ii) Modifications and additions which affect capacity and safe

operation shall not be performed by the customer or user without

manufacturer's prior written approval. Capacity, operation, and

maintenance instruction plates, tags, or decals shall be changed

accordingly.

Note: A similar provision for construction is contained at

Sec. 1926.602(c)(1)(ii).

When a powered industrial truck is used with specialized

attachments, or when the truck is used for hazardous operations (such

as when the truck is used to lift people), operator training must

include instruction on the safe conduct of those operations so that the

operator knows and understands the restrictions or limitations imposed

on vehicle operation in these situations.

III. Powered Industrial Truck Hazards

Powered industrial trucks are used in almost all industries. They

can be used to move, raise, lower, or remove large objects or a number

of smaller objects on pallets or in boxes, crates, or other containers.

Because powered industrial truck movement is controlled by the operator

and is not restricted by the frame of the machine or other impediments,

virtually unrestricted movement of the vehicle about the workplace is

possible.

The hazards commonly associated with powered industrial trucks vary

for different vehicle types, makes, and models. Each type of truck

presents different operating hazards. For example, a sit-down,

counterbalanced high lift rider truck is more likely than a motorized

hand truck to be involved in a falling load accident, because the sit-

down rider trucks can lift a load much higher than can a hand truck.

The method or means to prevent an accident and to protect employees

from injury varies for different types of trucks. For example,

operators of sit-down rider trucks are often injured in tipover

accidents when they attempt to jump clear of the vehicle as it tips

over. Because the operator's natural tendency is to jump downward, he

or she lands on the floor or ground and is then crushed by the

vehicle's overhead guard. Therefore, operators of sit-down trucks need

to be trained to remain in the operator's position in a tipover

accident and to lean away from the direction of fall to minimize the

potential for injury.

On the other hand, when a stand-up rider truck tips over, the truck

operator can exit the vehicle by simply stepping backward,

perpendicular to the direction of the vehicle's fall, to avoid being

crushed. In this situation, the operator usually should attempt to jump

clear of the vehicle, and should be trained accordingly.

Driving a powered industrial truck at excessive speed can result in

loss of control, causing the vehicle to skid, tip over, or fall off a

loading dock or other elevated walking or working surface. This

condition can be made more dangerous because the load being carried

sometimes partially obscures the operator's vision. A vehicle that is

out of control or being operated by a driver whose view in the

direction of travel is restricted can strike an employee, run into a

column or other part of the building, or strike stored material,

causing the material to topple and injure employees in the area.

Effective driver training teaches operators to act properly to minimize

these hazards to themselves and other employees.

Other characteristics of a powered industrial truck that affect

safe truck operation are: the truck's tendency to become unstable; its

ability to carry loads high off the ground; and its characteristic mode

of steering, i.e., with the rear wheels while being powered by the

front wheels. Moving loads upward, downward, forward, and backward

causes a shift of the center of gravity and can adversely affect the

vehicle's stability. When a load is raised or moved away from the

vehicle, the vehicle's longitudinal stability is decreased.3

When the load is lowered or moved closer to the vehicle, its

longitudinal stability is increased. Training also is needed to avoid

accidents that can be caused by these characteristics.

---------------------------------------------------------------------------

\3\ This assumes that the load is moved forward of the vehicle.

When a load is on a side loader vehicle, moving the load away from

the vehicle will reduce the longitudinal and lateral stability of

the vehicle.

---------------------------------------------------------------------------

To reduce the instability hazard caused by the shifting of the

material being handled, the ANSI B56.1-1969 standard had seven

provisions that addressed proper operation of a powered industrial

truck. Knowledge of these principles, as well as the requirements of

the OSHA standard, are essential for safe vehicle operation:

604 Q. While negotiating turns, speed shall be reduced to a safe

level by means of turning the hand steering wheel in a smooth, sweeping

motion. Except when maneuvering at a very low speed, the hand steering

wheel shall be turned at a moderate, even rate.

605 A. Only stable or safely arranged loads shall be handled.

Caution shall be exercised when handling off-center loads which cannot

be centered.

605 B. Only loads within the rated capacity of the truck shall be

handled.

605 C. The long or high (including multiple-tiered) loads which may

affect capacity shall be adjusted.

605 D. Trucks equipped with attachments shall be operated as

partially loaded trucks when not handling a load.

605 E. A load engaging means shall be placed under the load as far

as possible; the mast shall be carefully tilted backward to stabilize

the load.

605 F. Extreme care shall be used when tilting the load forward or

backward, particularly when high tiering. Tilting forward with load

engaging means elevated shall be

[[Page 66243]]

prohibited except to pick up a load. An elevated load shall not be

tilted forward except when the load is in a deposit position over a

rack or stack. When stacking or tiering, only enough backward tilt to

stabilize the load shall be used.

Note: The corresponding provisions appear at

Secs. 1910.178(n)(15) and (o)(1) through (o)(6) of the general

industry standard and are also incorporated by reference in part

1926.

The hazards addressed in this final rule are those associated with

industrial trucks in general, as well as those posed by specific makes

or models of truck. Each powered industrial truck has distinct

characteristics that make its operation different from the operation of

other trucks. Therefore, operators must know how these differences

affect safe truck operation.

The workplaces where these trucks are being used also present a

variety of different hazards. The safety of industrial truck operations

can be decreased by workplace conditions such as rough, uneven, or

sloped surfaces; unusual loads; hazardous areas; narrow aisles, blind

spots, or intersections; and pedestrian traffic or employees working

close to the path of travel. Finally, there are hazardous work

practices that relate to all trucks, including driving at excessive

speed, poor loading, and carrying unauthorized passengers. In addition,

poor truck maintenance can contribute to accidents.

The record contains evidence of many accidents that have occurred

because of unsafe truck operation, as discussed below. For example,

employees have fallen from trucks while using them to change light

bulbs on overhead fixtures or riding on the forks to manually retrieve

items from high racks. Many accidents have occurred when an operator

has attempted to drive with an obstructed view in the direction of

travel and has run into another employee. Improper truck maintenance

has caused death from over exposure to carbon monoxide, loss of brakes,

or rupture of hydraulic lines.

As the above discussion indicates, it is not possible to identify

all the hazards that are encountered in all industrial truck

operations. Accordingly one cannot develop a single ``generic''

training program that covers in detail all hazards for all powered

industrial trucks and all workplaces.

Four major areas of concern need to be addressed in an effective

powered industrial truck training program: (1) the general hazards that

apply to the operation of all or most powered industrial trucks; (2)

the hazards associated with the operation of particular types of

trucks; (3) the hazards of workplaces generally; and (4) the hazards of

the particular workplace where the vehicle operates. The requirements

that OSHA is promulgating are performance-oriented to permit employers

to tailor a training program to the characteristics of their workplaces

and the particular types of powered industrial trucks operated.

IV. Studies of Accident and Injury Data and Training Effectiveness

This section of the preamble discusses the reports, studies, and

other sources of data and information that were analyzed to determine

the magnitude and extent of the problems that powered industrial truck

operator training can mitigate. It also contains a discussion of the

studies that demonstrate how better training can improve safety.

A. Accident and Injury Data

1. The Census of Fatal Occupational Injuries

The Bureau of Labor Statistics (BLS) maintains a database entitled

Census of Fatal Occupational Injuries (CFOI). The CFOI is a compilation

of information on fatal work injuries that occurred in the 50 States

and the District of Columbia. BLS gathers pertinent information from

death certificates, workers' compensation reports, and other Federal

and State records. Information is verified by using at least two source

documents.

The census contains a collection of information on the workers and

the circumstances surrounding each fatality. The data are compiled

annually.

In April, 1994, BLS published a booklet entitled Fatal Workplace

Injuries in 1992: A Collection of Data and Analysis (Ex. 3-4). This

booklet contains an article written by Gary A. Helmer entitled

Fatalities Involving Forklifts and Other Powered Industrial Carriers,

1991-1992. This report contains information from the CFOI on 170 fatal

powered industrial truck accidents. Table 1 lists the reported causes

of these accidents.

Table 1.--Classification of Forklift Fatalities, CFOI, 1991-1992

----------------------------------------------------------------------------------------------------------------

How the accident occurred Number Percent

----------------------------------------------------------------------------------------------------------------

Forklift overturned............................................................. 41 24

Forklift struck something or ran off dock....................................... 13 8

Worker pinned between objects................................................... 19 11

Worker struck by material....................................................... 29 17

Worker struck by forklift....................................................... 24 14

Worker fell from forklift....................................................... 24 14

Worker died during forklift repair.............................................. 10 6

Other accident.................................................................. 10 6

-------------------------------

Total....................................................................... 170 100

----------------------------------------------------------------------------------------------------------------

Source: Bureau of Labor Statistics, Fatal Workplace Injuries in 1992, A Collection of Data and Analysis, Report

870, April 1994.

2. Characteristics of Work-Related Injuries Involving Forklift Trucks

In 1987, Nancy Stout-Wiegand of the National Institute for

Occupational Safety and Health (NIOSH) published an article in the

Journal of Safety Research (Winter 1987, Vol. 18, No. 4, pp. 179-190)

entitled Characteristics of Work-Related Injuries Involving Forklift

Trucks (Ex. 8-6). This article contained an analysis of powered

industrial truck injuries reported in two occupational injury

databases--the National Electronic Injury Surveillance System (NEISS)

and the Bureau of Labor Statistics' Supplementary Data System (SDS).

The NEISS database is composed of records from a national sample of

200 hospital emergency rooms and burn centers handling all types of

injuries. The NEISS database was originally established by the Consumer

Product Safety Commission, and its original intent was to gather data

about accidents involving consumer products rather than industrial

injuries. The hospital emergency rooms included in the sample were not

necessarily those

[[Page 66244]]

located in industrial areas, predominantly treating industrial injuries

and illnesses. The data from this sample are weighted to represent the

nation in numbers and characteristics of traumatic injuries treated in

emergency rooms and burn centers.

A subset of this database--the work-related injuries-- is

maintained by NIOSH. Because the NEISS database records only injuries

treated in emergency rooms and burn centers, traumatic work injuries

treated by private practitioners or by industry or private clinics are

not included. Moreover, chronic injuries, such as those caused by

overexertion, are not as likely to be treated in emergency rooms as are

acute traumatic injuries and, therefore, are probably under-represented

in the NEISS database. Other probable sources of error in calculating

accident rates include misclassification of the sources of injury or

the agent of injury. For example, if an employee fell from the elevated

forks of a powered industrial truck, the accident could be

misclassified as a fall from elevation rather than a fall from a

forklift. Similarly, if an employee were struck in the head by part of

a load that fell from a powered industrial truck, the accident could be

classified as an ``employee struck by falling object'' accident. In

either case, the accident would have involved a powered industrial

truck, but in neither case would it be classified as a powered

industrial truck accident.

The Supplementary Data System (SDS) database is composed of

workers' compensation claims for injuries involving lost workdays.

Thirty states provide information to the SDS system. The SDS system

reports the occupations of injured workers and states where the claims

are filed. The SDS includes only compensable injuries. The definition

of a compensable injury varies from state to state. In some states,

injuries are compensable, for example, if they result in one day or

more away from work. In other states, the time away from work may be up

to 7 days before the injury becomes compensable.

The SDS and NEISS data do not necessarily include the same injuries

because injuries treated in emergency rooms do not always result in

lost workdays. At the same time, compensable injuries included in the

SDS may not have been treated in emergency rooms and thus would not be

represented in NEISS. However, both of these databases represent the

more serious injuries involving powered industrial trucks, that is,

those requiring treatment in emergency rooms and those that result in

compensable injuries.

In 1983, the SDS system identified 13,417 workers' compensation

claims for lost-workday injuries involving powered industrial trucks.

Assuming that the 30 states in the SDS system are representative of and

proportional in population to the whole country (50 states),

approximately 22,400 compensation claims (\5/3\ x 13,417) are filed

nationally for lost-workday injuries involving powered industrial

trucks. This number is comparable to the estimated 24,000 forklift-

related injuries that were treated in U.S. emergency rooms in 1983 as

reported by NIOSH from information gathered by the NEISS system. In

1985, the NEISS system reported a total of approximately 34,000 powered

industrial truck-related accidents that were treated in emergency

rooms. This reflects an increase in the number of such accidents

reported by NEISS studies of about 39% over the three-year period from

1983 to 1985.

The SDS report also contained a tabulation of the occupations of

the injured workers. The breakdown of the occupations of those

employees and the corresponding percentage of accidents are listed in

Table 2.

Table 2.--Percentage Distribution of Powered Industrial Truck Injuries

by Occupation of Injured Employee

------------------------------------------------------------------------

Occupation Percentage

------------------------------------------------------------------------

Professional, technical, and kindred workers............. 0.3

Managers and administrators (except farm)................ 2.0

Sales workers............................................ 0.8

Clerical and kindred workers............................. 5.0

Craftsmen and kindred workers............................ (15.5)

Mechanics............................................ 6.5

Foremen.............................................. 3.0

Other craftsmen and kindred workers.................. 6.0

Operatives (except transportation)....................... (17.5)

Assemblers........................................... 1.4

Packers/wrappers..................................... 1.1

Welders.............................................. 0.9

Miscellaneous/unspecified operatives................. 9.2

Other operatives..................................... 4.9

Transportation equipment operatives...................... (20.8)

Powered industrial truck operators................... 12.3

Truck drivers........................................ 5.5

Motor men............................................ 1.7

Deliverymen.......................................... 1.2

Other transportation equipment operators............. 0.1

Laborers (except farm)................................... (33.9)

Warehousemen......................................... 10.4

Freight and material handlers........................ 7.3

Stock handlers....................................... 4.4

Construction laborers................................ 2.2

Miscellaneous/unspecified laborers................... 8.0

Other laborers....................................... 1.6

Farmers (managers and laborers).......................... 1.5

Service workers.......................................... 1.8

Occupation Unspecified................................... 1.1

------------------------------------------------------------------------

Source: Characteristics of Work-Related Injuries Involving Forklift

Trucks, Journal of Safety Research, Vol. 18, No. 4, Winter 1987, pp.

179-190.

[[Page 66245]]

3. Industrial Forklift Truck Fatalities--A Summary

OSHA's Office of Data Analysis (ODA) examined 53 investigative case

files involving powered industrial truck fatalities that occurred

between 1980 and 1986 (Ex. 3-7). The results of ODA's analysis are

summarized in Table 3, below. Note: the columns do not always add to

100 percent in various tables because of rounding.

Table 3. Office of Data Analysis--Type Accidents, 53 Powered Industrial Truck Fatalities

----------------------------------------------------------------------------------------------------------------

Type Accident Number Percent

----------------------------------------------------------------------------------------------------------------

Crushed by tipping vehicle...................................................... 22 42

Crushed between vehicle and surface............................................. 13 25

Crushed between two vehicles.................................................... 6 11

Struck or run over by vehicle................................................... 5 10

Struck by falling material...................................................... 4 8

Fall from platform on forks..................................................... 2 4

Accidental activation of controls............................................... 1 2

----------------------------------------------------------------------------------------------------------------

Source: Industrial Forklift Truck Fatalities--A Summary, Report from Office of Data Analysis, Office of

Statistics, OSHA, Dated June 1990.

The single largest cause of accidents was vehicle tipovers

(percentages attributed to specific causes may not track those in Table

3 because a single specific cause--tipover--may be classified under

more than one accident type in that table). These tipovers were

attributed to the following: (1) The vehicle was out of control

(speeding, elevated loads, mechanical problems, etc.; 7 instances--13

percent); (2) the vehicle was run off/over the edge of the surface (4

instances--8 percent); (3) the operator attempted to make too sharp a

turn (excessive speed, unbalanced load, etc.; 4 instances--8 percent);

(4) an employee jumped from an overturning vehicle being pulled by

another vehicle (2 instances--4 percent); (5) the vehicle skidded or

slipped on a slippery surface (2 instances--4 percent); (6) the wheels

on one side of the vehicle ran over a raised surface or object (2

instances--4 percent); and (7) the vehicle tipped over when struck by

another vehicle (1 instance--2 percent).

The second highest number of fatalities reported in the ODA study

resulted from accidents when employees were crushed between a vehicle

and a surface. These accidents were attributed to the following: (1)

The operator got off the vehicle while it was running (7 instances--13

percent); (2) a worker on a platform was crushed between the platform

and an overhead surface (2 instances--4 percent); (3) an employee's leg

was caught when a vehicle sideswiped a metal surface (1 instance--2

percent); (4) an employee attempted to prevent a vehicle tipover by

holding up the overhead guard (1 instance--2 percent); (5) an employee

changed a tire and the vehicle fell from the jack (1 instance--2

percent); and (6) an empty 55 gallon drum used to support the vehicle

during maintenance collapsed (1 instance--2 percent).

Four of the six accidents where employees were crushed between two

vehicles were caused by contact between two moving powered industrial

trucks, and the other two involved contact between a powered industrial

truck and a stationary vehicle.

Of the five accidents that were identified as being caused by an

employee being struck or run over by a vehicle, four were accidents

where employees other than the vehicle operator were struck by the

vehicle. The remaining one involved an operator trying unsuccessfully

to board a free rolling vehicle.

4. Selected Occupational Fatalities Related to Marine Cargo Handling as

Found in Reports of OSHA Fatality/Catastrophe Investigations

In 1992, the OSHA Office of Data Analysis (ODA) published a study

of fatalities and catastrophes that had occurred in the marine terminal

industry (SIC 4491, Marine Cargo Handling) between the years 1975 and

1984. This report is entitled Selected Occupational Fatalities Related

to Marine Cargo Handling as Found in Reports of OSHA Fatalities/

Catastrophe Investigations (Ex. 27). This report contains an analysis

of the causes of and other information about 141 accidents that

resulted in 165 fatalities that occurred during the period of the

report. Of those accidents, 19 (11.5 percent) were attributed to the

unsafe use of powered industrial trucks.

5. The OSHA Fatality/Catastrophe Reports

OSHA records a summary of investigation results of accidents

resulting in fatalities, catastrophes, amputations, and

hospitalizations of two or more days, and those accidents that have

received significant publicity or involved extensive property damage.

These summaries are recorded on an OSHA Form 170 and include an

abstract describing the activities taking place at the time of each

accident and the causes of the accident. These reports are stored in a

computerized database system, and cover inspection data from 1984 to

1991. There were 4268 reports of accidents in the system that resulted

in 3038 fatalities, 3244 serious injuries, and 1413 ``non-serious''

injuries (many of the accidents resulted in multiple fatalities and/or

injuries).

OSHA queried the database for all reports that contained the

keyword ``industrial truck.'' This produced a printout of 208 accidents

(Ex. 8-8). These 208 accidents resulted in 147 fatalities, 115 serious

injuries, and 34 ``non-serious'' injuries.

By adding the number of fatalities, serious injuries, and ``non-

serious'' injuries and dividing that sum by the number of accidents,

OSHA determined that 1.4 injuries of some nature occurred per serious

accident reported. OSHA also determined that 4.8 percent of the

fatalities, 3.5 percent of the serious injuries, and 2.4 percent of the

``non-serious'' injuries were attributable to an accident that involved

a powered industrial truck.

These percentages are derived by dividing truck-related fatalities,

serious injuries, and other injuries by the corresponding total number

of reported fatalities, serious injuries, and other injuries. For

example, the 147 forklift fatalities were divided by the 3038 total

fatalities to arrive at the 4.8 percent figure.

OSHA examined the OSHA Form 170s to determine the causes of the

accidents that were attributable to the use of powered industrial

trucks. Table 4 is a compilation of the causes of these accidents.

[[Page 66246]]

Table 4.--Causes of Accidents \1\: OSHA Investigation Summaries (OSHA

170s)

------------------------------------------------------------------------

Number of

Cause reports

------------------------------------------------------------------------

No training \2\.............................................. 19

Improper equipment........................................... 10

Overturn..................................................... 53

Unstable load................................................ 45

Overload, improper use....................................... 15

Obstructed view.............................................. 10

Carrying excess passenger.................................... 8

Operator inattention......................................... 59

Falling from platform or curb................................ 9

Falling from trailer......................................... 6

Elevated employees........................................... 26

Operator struck by load...................................... 37

Other employee struck by load................................ 8

Accident during maintenance.................................. 14

Vehicle left in gear......................................... 6

Speeding..................................................... 5

Not powered industrial truck accident........................ 9

------------------------------------------------------------------------

\1\ The causes of the accidents were determined by the narrative in the

accident report. In most cases, the narrative emphasized the cause of

the accident; however, in a few cases, reasonable and appropriate

assumptions were made. In some cases, multiple accident causes were

described in the narrative portion of the report, or were assumed to

have caused the accident. (See Ex. 8-8.) Note that some of the

accidents that were originally attributed to powered industrial truck

operations were, on review, determined not to be caused by truck

operations and are reflected in the final row of the table.

\2\ Of the 19 instances when the report contained an indication that a

lack of training was one of the causal factors of the accident,

citations were issued for 6 serious violations, and 2 non-serious

violations. In 11 instances, no violation was issued.

Source: Office of Electrical/Electronic and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

It should be noted that many of the accidents could have been

caused by improper training. For example, when a vehicle tipped over,

an employee might have been transporting an unbalanced load because

that employee had not been trained about load balance.

Using the OSHA Form 170 data, OSHA also compiled a listing of the

industries in which these accidents occurred. Table 5 provides list of

industries, and the number of accidents that occurred in those

industries. (For a complete listing of the individual industries, see

Ex. 3-9.)

Table 5--Industries Where Accidents Occurred, OSHA Investigative Summary

Reports (OSHA Form 170)

------------------------------------------------------------------------

Times

SIC division Industry description cited

------------------------------------------------------------------------

B........................... Oil and Gas Extraction........... 4

C........................... Construction..................... 25

D........................... Manufacturing.................... 95

E........................... Transportation, Communication, 22

and Utilities.

F........................... Wholesale Trades................. 25

G........................... Retail Trades.................... 18

I........................... Services......................... 7

J........................... Public Administration............ 4

------------------------------------------------------------------------

Note: The breakdown of accidents does not include agricultural accidents

because establishments of 10 or fewer employees in that industry are

exempt from OSHA jurisdiction.

Source: Office of Electrical/Electronic and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

6. OSHA Emergency Communications System Reports

OSHA has another internal system for collecting information about

serious accidents. This system requires that serious and/or significant

accidents be reported to the National Office over the telephone.

This telephone system is part of the OSHA emergency communications

system. Regional Administrators are required to file a first report of

fatalities, catastrophes, and other important events (such as those

that receive significant publicity) with the National Office. The

information contained in these reports is disseminated to responsible

officials in OSHA. The National Office receives approximately 1200

reports yearly. (See Ex. 8-10.)

None of the reports is screened before the OSHA National Office

receives them. Although these reports are not considered statistically

significant for the purpose of calculating the total number of serious

workplace accidents, OSHA believes that they represent a reasonable

sampling of the most serious type of accidents and that the causes of

the accidents closely parallel the distribution of the causes of all

accidents.

OSHA has examined the First Report of Serious Injury reports for

the years 1980-1991 and has identified 247 that involved powered

industrial trucks. Table 6 lists the number of reports received each

year, the number of those accidents that involved powered industrial

trucks (PITs), and the corresponding percentages.

Table 6.--Yearly Summary of First Reports of Serious Accidents

------------------------------------------------------------------------

Total PIT

Year reports accidents Percentage

------------------------------------------------------------------------

1980.................................... 200 2 1

1981.................................... 125 2 1.6

1982.................................... 113 0 0

1983.................................... 115 3 2.6

1984.................................... 181 1 .6

1985.................................... 456 15 3.3

1986.................................... 1,147 44 3.8

1987.................................... 1,236 38 3.1

1988.................................... 1,330 47 3.5

1989.................................... 1,150 44 3.8

1990.................................... 1,105 41 3.7

1991.................................... \1\ 215 10 4.7

-------------------------------

Totals \2\............................ 6,424 247 3.6

------------------------------------------------------------------------

\1\ These are the number of reports received between the first of the

year and March 31.

\2\ The total number of reports, the number of accidents involving

powered industrial trucks and the percentage were calculated using the

figures from 1985 to 1990. The number of accidents reported during the

period 1980 through 1984 and those reported during 1991 were too few

to be representative.

Source: Office of Electrical/Electronic and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

Each of the reports involving powered industrial trucks was

examined to determine the causes of the accidents. In some instances,

multiple causes were identified. Table 7 lists the number of the

accidents that were attributable in whole or in part to each cause.

Table 7.--Causes of Accidents (Powered Industrial Trucks) First Reports

of Serious Accident

------------------------------------------------------------------------

Number of

Cause of the accident accidents

------------------------------------------------------------------------

Tipover...................................................... 58

Struck by powered industrial truck........................... 43

Struck by falling load....................................... 33

Elevated employee on truck................................... 28

Ran off loading dock or other surface........................ 16

Improper maintenance procedures.............................. 14

Lost control of truck........................................ 10

Truck struck material........................................ 10

Employee overcome by carbon monoxide or propane fuel......... 10

Faulty powered industrial truck.............................. 7

Unloading unchocked trailer.................................. 7

Employee fell from vehicle................................... 7

Improper use of vehicle...................................... 6

Electrocutions............................................... 2

------------------------------------------------------------------------

Source: Office of Electrical/Electronic and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

[[Page 66247]]

7. OSHA General Duty Clause Citation Analysis

OSHA's Office of Mechanical Engineering Safety Standards analyzed

the citations that were issued between 1979 and 1984 for violations of

the general duty clause [section 5(a)(1) of the OSH Act]. During that

period, there were 3637 inspections that resulted in the issuance of at

least one such citation. (See Ex. 8-11.)

Sixty-five general duty clause citations involved powered

industrial truck operation. These citations were issued under the

general duty clause because the dangerous condition did not appear to

be covered by a specific requirement in Section 1910.178. Each was

examined to determine the nature of the violation. Table 8 lists the

type and number of violations that were cited.

Table 8.--Summary of General Duty Clause Citations

------------------------------------------------------------------------

Number of

Violation instances

------------------------------------------------------------------------

Employee elevated on forks of vehicle........................ 44

Improper operation of vehicle................................ 13

Improper maintenance of vehicle.............................. 5

No vehicle operator training................................. 2

Order picker without fall protection......................... 1

------------------------------------------------------------------------

Source: Office of Electrical/Electronic and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

B. Studies Measuring the Effectiveness of Powered Industrial Truck

Safety Training Programs

In 1984, H. Harvey Cohen and Roger C. Jensen, working under

contract with the National Institute for Occupational Safety and Health

(NIOSH), published an article in the Journal of Safety Research (Fall

1984, Vol. 15, No. 3, pp. 125-135) entitled Measuring the Effectiveness

of an Industrial Lift Truck Safety Training Program (Ex. 3-5). The

authors analyzed two studies undertaken to measure objectively the

effects of safety training on powered industrial truck operators'

driving performance and safety practices.

This article detailed the results of an experiment that was

conducted to evaluate powered industrial truck operator training using

a work sampling procedure to obtain objective data about work practices

that correlate with injury risk. Two separate studies were conducted in

this experiment, one at each of two similar warehouses. These studies

were conducted to assess the value of training and the influence of

post-training actions on workers' safety performance. These studies

demonstrate that training powered industrial truck operators reduced

the operators' error rates (number of unsuccessful operations divided

by the total number of operations) and that training combined with

feedback further reduced error rates.

The studies were conducted at different warehouses using similar

training techniques. The training emphasized those operator driving

behaviors that were measurable, frequently observed, capable of being

reliably observed, related to frequent accident occurrence, and

amenable to corrective action through training. Fourteen driving

behaviors were evaluated in these studies. Positive reinforcement

during the training (use of praise rather than criticism) was used with

some trainees to measure its effectiveness. The experiment was

conducted in four phases:

(1) The pre-training phase, during which none of the operators had

been trained;

(2) The post-training 1 phase, during which the control group

remained untrained, the training group (called the treatment group in

the study) had been trained, and the training-plus-feedback group had

been trained and had also received performance feedback;

(3) The post-training 2 phase, during which all three groups had

been trained but only the training-plus-feedback group had received

performance feedback; and

(4) The retention phase, which started three months after the end

of the post-training 2 phase (and the end of the feedback program).

Table 9.--Summary of Mean Error Rates\1\

[Warehouse 1]

----------------------------------------------------------------------------------------------------------------

Pre- Post- Post-

Group training training 1 training 2 Retention

----------------------------------------------------------------------------------------------------------------

Control..................................................... .34 .32 .23 ...........

Training.................................................... .33 .27 .26 ...........

Training + Feedback......................................... .35 .27 .25 ...........

All Operators After Training................................ .34 .27 .25 .19

----------------------------------------------------------------------------------------------------------------

\1\ The mean error rate is defined in the study as the number of incorrect behaviors observed divided by the

total number of behaviors observed.

Note: The mean error rate for all operators began at .34, that is, for 34 percent of the observed behaviors, the

tasks observed and evaluated were performed improperly.

Source: Measuring the Effectiveness of Industrial Lift Truck Safety Training Program, Journal of Safety

Research, Vol. 15, No. 3, Fall 1984, pp. 125-135.

Following the initial training (post-training 1), all three groups

showed a decrease in their mean error rates, with the training-plus-

feedback group showing the largest decrease (from .35 to .27, a 23

percent decrease), followed by the training-only group (from .33 to

.27, an 18 percent decrease), and the control group (from .34 to .32, a

6 percent decrease). The control group's reduction in error rate from

the pre-training to the post-training 1 phase of the study was

attributed to the influence of peer modeling, i.e., the untrained

control group operators were copying the behavior of their trained

counterparts. Toward the end of the post-training 1 phase, the error

rates of the three groups converged, suggesting that the effects of the

training program had begun to wear off. Observers also noted that some

behaviors were being compromised when employees with different

knowledge levels were required to interact, particularly in conflict-

avoidance situations such as signaling and yielding at blind

intersections.

During the post-training 2 phase of the study, all groups'

performance improved. The control group's performance improved by 28

percent (from a mean error rate of .32 to .23), while the training

group experienced a four percent improvement (from a mean error rate of

.27 to .26) and the training-

[[Page 66248]]

plus-feedback group had a seven percent improvement (from .27 to .25).

There was further evidence of a peer modeling effect because all three

groups' performance continued to improve although no additional

instruction was given.

The retention phase was conducted three months after the completion

of the post-training 2 phase of the study to determine the longer term

effects of the training. During this phase of the study, mean error

rates were checked, as they were during the other phases of the study.

The results of this phase of the study indicate a further improvement

in the operators' performance, with the mean error rate decreasing from

.25 to .19, a 24 percent improvement in performance. The total

performance gain achieved during this study was a 44 percent

improvement from the pre-training (baseline) phase through the

retention phase (from a mean error rate of .34 to a final error rate of

.19). These data indicate that there were significantly fewer errors at

each successive phase of the study.

The second study was conducted to verify and extend the findings of

the first study. A modified experimental design was used to eliminate

the mitigating influence of the untrained control group. In the second

study, all operators were trained at the same time and all received

performance feedback. Comparisons were made only before and after

training. The study was divided into three phases: pre-training; post-

training; and retention. The retention phase of the study was again

conducted three months after the conclusion of the prior phase.

Table 10.--Summary of Mean Error Rates--Warehouse 2

------------------------------------------------------------------------

Pre-training Post-training Retention

------------------------------------------------------------------------

.23.................... .09 .07

------------------------------------------------------------------------

Source: Measuring the Effectiveness of Industrial Lift Truck Safety

Training Program, Journal of Safety Research, Vol. 15, No. 3, Fall

1984, pp. 125-135.

After the vehicle operators were trained, they experienced a 61

percent improvement in performance scores (from an error rate of .23 to

.09). During the retention phase of the study, there was a further

reduction of 22 percent in mean error rates (from .09 to .07 mean error

rate). The overall improvement in mean error rates between the pre-

training error rate (.23) and that achieved during the retention phase

(.07) was a reduction of 70 percent.

Not all errors cause accidents; however, most accidents are caused

by one or more errors. The final rule is intended to minimize operator

errors. The studies show that better training reduces operator errors.

OSHA, the authors of the studies described in the preamble, and other

experts believe that accidents will be reduced by about the same

percentage as the reduction in the error rate. The studies that OSHA

has used are among the best available for cause and effect.

V. Basis for Agency Action

OSHA concludes that, as the above discussion indicates, there are

sufficient data and information on which to base a revision of the

existing standard for powered industrial truck operator training. The

data indicate that a substantial number of fatalities and injuries

result from industrial truck accidents in all industries. Studies

indicate that better training would substantially reduce the number of

accidents that result in fatalities and serious injuries.

OSHA concludes that adherence to these new powered industrial truck

operator training requirements will prevent 11 fatalities and 9422

injuries annually that result from accidents involving powered

industrial trucks. (See also the analysis of benefits in the Final

Economic Analysis section and the analysis of substantial reduction of

significant risk in the Statutory Considerations section, below.)

OSHA further concludes that this improved operator training

standard is needed to reduce powered industrial truck injuries and

fatalities in maritime (including shipyards, marine terminals, and

longshoring), construction, and general industry. As noted above,

OSHA's Office of Data Analysis found that about 11.5 percent of the

fatalities that occurred in marine terminals between 1975 and 1984 were

attributable to the use of powered industrial trucks. Additionally, an

OSHA-sponsored contractor study found that 28.1 percent of the

fatalities that occurred in the marine cargo handling industries were

forklift-related. This is much higher than the percentage of such

fatalities occurring in general industry. Clearly, these numbers

indicate the need to ensure better powered industrial truck operator

training in the marine cargo handling industries covered by this final

standard. OSHA has not specifically analyzed truck-related fatalities

in the shipyard industry, but believes that the accident experience in

shipyards is likely to be similar to that in manufacturing.

In the study of the OSHA Fatality/Catastrophe reports that was

previously discussed, 25 of the 208 accidents (about 12 percent) that

were reported on the OSHA Form 170 occurred in the construction

industry. OSHA has determined that there are approximately 46,456

powered industrial trucks in use in construction. This is less than 5

percent of the total 998,671 powered industrial trucks in use. Although

the number of powered industrial trucks in use in the construction

industry is less than 5 percent of the total number of such vehicles,

accidents involving them account for about 12 percent of the total

number of construction accidents reported on the OSHA Form 170.

In addition, OSHA's Final Economic Analysis estimates that there

were, on average, 16 powered industrial truck related fatalities and

2,380 injuries per year in the construction industry. This also

indicates that fatality and injury rates are higher per truck user in

the construction industry than in general industry. Accordingly, OSHA

concludes that these high accident rates justify covering the

construction industry with a better training standard. (See also the

discussion of scope, below.)

Many actions taken by other organizations also point to the need to

address the hazards posed by unsafe operation of powered industrial

trucks: the voluntary consensus standard on this subject has been

updated several times since OSHA adopted 29 CFR 1910.178 in 1971; OSHA

has been petitioned to improve the requirements for industrial truck

training; the Advisory Committee on Construction Safety and Health has

recommended improving the standard; and resolutions have been

introduced in the Senate and House urging OSHA to revise its outdated

powered industrial truck operator training standards.

VI. Training

Training provides a person with the necessary specialized

instruction and practice to become proficient at a particular task.

Training is the means by which an employer ensures that employees have

the knowledge and skills they need to do their jobs correctly and

safely. The alternative to formal training is learning by trial and

error, an approach that results in an inadequate knowledge base and

relies on mistakes (which often involve accidents, injuries, and near-

miss incidents) for learning to occur. Reliance on this approach would

create a greater chance of injuries and fatalities.

After employees have received initial training, acquired the basic

knowledge, and perfected their operating skills, the employer may rely

on refresher training to reinforce or improve the employee's

[[Page 66249]]

knowledge of the basic training material; to impart new information; to

teach material in a new manner; or simply to maintain an acceptable

level of awareness of workplace conditions, operating hazards, and

truck-related characteristics.

There are several approaches to assembling the necessary materials

and methods for an effective training program. One approach is to make

use of existing literature and model programs already developed.

Another approach is to look at problems that occur during ongoing

operations and identify what an operator must know to avoid or

otherwise minimize the potential for an accident due to those problems.

A third approach to developing a training program is to analyze the

accidents that have occurred and develop a training program that will

minimize the potential for a recurrence of the conditions that caused

the accident. A problem with this third method of program development

is that it is reactive rather than proactive, i.e., tends to emphasize

the problems that have caused an accident (the training is in reaction

to an accident). By contrast, proactive training teaches employees to

prevent accidents rather than waiting for accidents to occur before

recognizing the need for the training and determining what the scope

and content of the training should be.

According to one hearing participant, a professional trainer (Tr.

p. 129):

In principle we are in support of the proposed training rule.

The key issue as we see it is that any prescribed training has to be

both effective and efficient. Our viewpoint is that the need for

prevention of accidents among lift truck operators is not arguable

but we also believe that the current rule is ineffective.

Additionally, our view is that the final rule must use what is at

this time, common knowledge among the professional training

community in the United States regarding effective and efficient

training strategies. For the purpose of clarifying our testimony,

we're defining operator training as instructional or other influence

strategies used to help operators learn to change their on-truck

behavior. We believe that effective training of operators is that

which results in fewer injuries and fatalities. In that regard, the

most important issue for the training rule to address in our

viewpoint, is not to just require traditionally accepted training

strategies but to require operator training strategies that actually

transfer to the operating environment.

Another benefit of proactive training is that the person observing

the worksite and the work being conducted to develop a training program

for powered industrial truck operators may identify other problems in

the workplace and offer solutions to those problems. Identifying and

resolving these other problems can reduce the total number and/or

severity of accidents in the workplace, not only those related to

powered industrial truck use but also those associated with other

workplace activities. According to another hearing participant (Tr. p.

425):

Our processes include an evaluation of the facility and

recommendations for improvement. We do not pass a problem within a

company without trying to correct that problem before the training

is implemented.

The training requirements in the final rule reflect all three

approaches discussed above. They require training in specific topics

unless a particular topic is not relevant to the types of vehicles or

the employer's workplace. They require the training to address topics

specific to the employer's workplace and to cover information learned

from accidents or near-misses that have occurred in the employer's

workplace. As discussed below, OSHA believes that this approach will

result in operator training that is most effective in reducing truck-

related deaths and injuries.

The topics OSHA requires to be covered in the training mandated by

this standard can also be used to evaluate the effectiveness of a

powered industrial truck operator's training. For example, an employer

can use the list of required topics to determine what should be taught

and then compare that with what is being taught. In this manner,

employers can ensure that the training is appropriate for the types of

trucks being used and the conditions in the workplace that affect the

safe operation of those trucks.

Training comes in many forms. It may be as simple and informal as a

supervisor discussing the correct way to operate a vehicle, correcting

an error in the way an employee is doing a job, or showing an employee

how to perform a particular task properly. Alternatively, training may

consist of detailed, structured instruction using formal training

methods (e.g., lectures, formal demonstrations, practical exercises,

examinations, etc.). Formal training is usually used to provide

trainees with a large amount of information. OSHA believes, and the

record confirms, that a combination of training methods is most

effective in training powered industrial truck operators.

For the most part, employees do not start out with the knowledge

and skills they need to operate a powered industrial truck safely.

Although many employees selected or assigned to operate powered

industrial trucks are licensed to drive automobiles, there are enough

differences between these two types of vehicles and their operation to

require additional knowledge and skills to operate a powered industrial

truck safely. For example, industrial trucks, compared with cars, have

limited forward visibility when carrying a large load, have rear wheel

steering and front wheel drive, have different centers of gravity and

balance, have different control configurations, and can carry heavy

loads with the weight concentrated at one end of the vehicle. Employees

need formal training and practice to gain the knowledge and to master

the skills they need to safely operate powered industrial trucks with

these characteristics.

Effective employee training and supervision also can lessen the

frequency with which employees perform unsafe acts such as speeding,

failing to look in the direction of travel, and failing to slow down or

stop and sound the vehicle's horn at blind intersections and other

areas where pedestrian traffic may not be observable. This, in turn,

reduces the frequency and severity of accidents.

Another case where training can prevent accidents or lessen their

severity is when powered industrial trucks travel with an elevated

load. Effective operator training must emphasize that the operator

moves the vehicle only when the load is at its lowest practical point.

In addition, even if a sit-down rider truck operator fails to follow

this practice and the vehicle tips over, both the chance and severity

of injury are reduced if the operator is trained to stay with the

vehicle and lean away from the direction of fall. When a sit-down rider

truck tips over and the operator attempts to jump off the vehicle while

it is tipping over, the operator is often crushed when struck by the

overhead guard. In these cases, since the normal tendency is for a

person to jump downward, the operator lands on the floor or ground in

the path of the overhead guard, and receives a crushing injury to the

head, neck, or back. Training an employee to stay with this type of

vehicle and lean away from the direction of fall will reduce the

severity of or eliminate these injuries.

On the other hand, when a stand-up rider truck tips over laterally,

the operator must be trained to step off the vehicle toward the rear of

the vehicle. The operator can safely do this because he/she is not

moving in the direction in which the truck is falling, but rather is

moving perpendicular to the direction of the vehicle's fall.

[[Page 66250]]

The studies conducted by Cohen and Jensen, discussed under Studies

of Accident and Injury Data and of Training Effectiveness earlier in

this preamble, found that training reduced operator error rates by as

much as 70 percent. Although a 70 percent error rate reduction does not

necessarily correspond with an equivalent reduction in the number of

accidents that a given group of operators will experience, improper or

unsafe operation of powered industrial trucks is clearly the major

cause of accidents and their resultant fatalities and injuries.

Therefore, reducing the number of unsafe acts that are committed when

operating these trucks will reduce the number of accidents, fatalities,

and injuries.

Proper employee training must take into account different operating

conditions (including the type and size of the load, the type and

condition of the surface on which the vehicle is being operated, and

other factors that can adversely affect vehicle operation). Operator

training must emphasize two points regarding potential accidents: (1)

the employee must not engage in activities that will increase the

potential for an accident to occur; and (2) the employee must take

appropriate action to minimize the potential for injury to himself/

herself or to other employees if an accident occurs.

OSHA's current powered industrial truck training standard (codified

at 1910.178(l)), has a very general training requirement. It states:

Only trained and authorized operators shall be permitted to

operate a powered industrial truck. Methods shall be devised to

train operators in the safe operation of powered industrial trucks.

As discussed above, this provision has not been adequate to reduce

the large number of fatalities, accidents, and injuries caused by

untrained or poorly trained operators. Consequently, OSHA proposed more

extensive training requirements to improve operator training (60 FR

13782, March 14, 1995, and 61 FR 3094, January 30, 1996).

There were 64 commenters who discussed the need for training

powered industrial truck operators (Exs. 7-1, 7-5, 7-8, 7-10, 7-19, 7-

22, 7-28, 7-29, 7-31, 7-32, 7-34, 7-36, 7-38, 7-39, 7-40, 7-43, 7-45,

7-46, 7-47, 7-48, 7-49, 7-50, 7-51, 7-59, 7-66, 7-67, 7-69, 7-71, 11-1,

11-2, 11-6, 11-12, 11-13, 11-15, 11-17, 11-18, 11-19, 11-22, 11-25, 11-

27, 11-29, 11-31, 11-35, 11-36, 11-40, 11-41, 11-44, and 11-46; Tr. Pp.

22-24, 27-29, 35 and 44, 49, 62, 75, 94, 129 and 143, 172, 196, 306,

331, 340, 383, 398, 416, 443). The great majority of these commenters

agreed on the need to train powered industrial truck operators.

For example, one commenter (Ex. 7-66) stated:

The WGMA [West Gulf Maritime Association] supports operator

skill and safety training for powered industrial truck operations.

We have for years had operator training and certification

requirements for certain equipment. These requirements are part of

our collective bargaining agreement between management and labor.

A second commenter (Ex. 11-2) stated:

AGC [Associated General Contractors] believes that worker

training is the key to worker protection and AGC commends OSHA for

its recent emphasis on powered industrial truck operator training.

A third commenter (Ex. 7-34) said:

In general, Dow agrees with OSHA that there are risks associated

with the operation of powered industrial trucks and that those

persons operating them must be knowledgeable and skilled prior to

being authorized to operate the vehicle. Dow believes that the

training its people receive on these vehicles has been adequate. As

a result, comments will focus on retaining the performance language

in this training so that we can continue the success we have had

thus far.

One commenter (Ex. 7-48), however, expressly disagreed that there

is a need for OSHA to issue a standard for training powered industrial

truck operators. It stated:

Overall, UPS [United Parcel Service] questions the need for a

standard regulating the training of powered industrial truck

operators. UPS has never experienced a noteworthy amount of

workplace accidents involving powered industrial trucks. We do not

expect that implementation of this type of standard will reduce the

already low number of accidents in this category. This proposed

standard would substantially increase costs to employers without a

corresponding reduction in injuries, providing little justification

for its implementation. As such, UPS cannot support the promulgation

of this standard.

Many commenters generally supported OSHA's proposal to make the

training requirements more explicit. For example, one commenter (Ex. 7-

29) stated:

UTC [United Technologies Corporation] agrees with OSHA's stated

purpose ``to amend the current powered industrial truck operator

training requirements for general industry and to adopt the same

requirements for the maritime industries'', which will eliminate

redundant standards for separate industries. In addition, UTC

approves of OSHA's approach in mandating ``the development of a

training program that would base the amount, type, degree and

sufficiency of training on the knowledge and the skills and

abilities that are necessary to safely operate the truck'' rather

than mandating specific universal training requirements that would

not take into consideration the variety of truck, necessary operator

knowledge and training levels, and operating situations.

Overall, OSHA's proposed changes to the original 1971 powered

industrial truck standard are reasonable and provide a sound basis

for enhancing the safe operation of powered industrial trucks in the

workplace while allowing a maximum of flexibility in the methods

employers may select for implementation.

A second commenter (Ex. 7-31) stated:

As an association, we [American Warehouse Association] have

urged our members to adopt training programs. One member reports

that although one-third of the accidents in the warehouse were lift

truck-related, one-half of the costs associated with accidents were

lift truck related. Although this example is just a snapshot of the

industry, this anecdotal information confirms that proper training

is in the best interests of our industry.

It is appropriate to consider revising the existing OSHA

regulations. A more defined standard will be of benefit to both

employers and employees. However, as our comments will suggest, the

revised standard need not be overwhelming or unnecessarily complex

to achieve the desired result.

A third commenter (Ex. 7-36) stated:

API [American Petroleum Institute] generally supports the

standard proposed by OSHA, with minor revisions, to replace the

existing requirements under 29 CFR 1910.178(l) and to be added as

new requirements under 29 CFR 1915.120, 1917.43, and 1918.77,

provided the proposed standard remains performance oriented. Powered

industrial trucks vary greatly in configuration and application,

making operator training requirements very site specific.

Accordingly, API supports OSHA's development of a flexible,

performance based standard that will allow each facility to best

address the specific training needs of operators at that location.

Finally, one commenter (Ex. 7-28) said:

NAWGA/IFDA appreciates the concerns that have led OSHA to

propose this rule, and believes that benefits can flow to companies

and their workers through the dissemination of guidance on

appropriate training for employees who operate powered industrial

trucks. While we have comments and suggestions regarding certain

aspects of the proposal's requirements, our organization believes

that many of the training elements noted in the rule are appropriate

topics to be covered in the instruction provided to powered

industrial truck operators.

Some commenters opposed changing OSHA's existing training

requirement (Exs. 7-1, 7-5, 7-6, 7-8, 7-19, 7-20, 7-22, 7-27, 7-28, 7-

33, 7-34, 7-38, 7-40, 7-69, 11-7, 11-15, 11-16, 11-20, 11-23, 11-35,

11-42, Tr. pp. 121, 151, 246).

[[Page 66251]]

One reason given for not changing the existing requirement is that it

is written in general language and therefore allows employers complete

freedom to tailor their powered industrial truck operator training

program. These commenters generally stated that they already conduct

the appropriate operator training. For example, one commenter (Ex. 7-8)

stated:

The proposed training requirements that would mandate the

development of a training program that would base the amount, type,

degree and sufficiency of training on the knowledge of the trainee

and the ability of the vehicle operator to acquire, retain and use

the knowledge and skills and abilities that are necessary to safely

operate the truck would require quite a bit of additional time and

categories of paperwork and would be, in many instances very

subjective and difficult to document. The basic requirements that

presently exist are quite sufficient and any safety professional

worth their salt is going to look at the things you are proposing

anyway.

Some of these commenters also suggested that the proposed standard,

if adopted, would create too structured a program and would be overly

burdensome to the employer. For example, one commenter (Ex. 7-19)

stated:

Current regulations, 29 CFR 1910.178, have provided Mobil and

other companies like Mobil sufficient direction and discretion to

develop and implement effective training processes for its powered

industrial truck operators. Mobil is concerned that the more

detailed nature of these proposed regulations will require costly

changes to currently effective training processes.

Other commenters stated that OSHA's proposed training requirements

were appropriate and not overly burdensome. For example, one commenter

(Tr. p. 418) stated:

I * * * commend your efforts and give you my profound support.

Your proposed rules were well researched and, if passed into law,

will assist industry leaders by providing the needed guidelines to

develop, implement and follow up their operator training programs *

* *

From our company's conception in 1987, it was apparent that our

present occupational safety at 1910.178 Code of Regulations for

material handling and storage did, in fact, supply some foundation

for training materials content, but did not supply enough direction

to allow the meeting of the minds within a single company.

Although there was a starting point, technical advances have

caused tremendous pressures on our industries, manufacturers, as

well as the end user.

New problems were identified as a result of these advances that

never had to be addressed in the past. Professionally, I believe

that the proposed rules are on target and will prove to be a

sufficient step forward in providing guidelines and benchmarks for

industries.

Another commenter (Ex. 7-17) stated:

I also believe that inadequate operator training and supervision

are the cause of the great majority of industrial truck accidents.

Your proposed rule change therefore not only has the potential to

substantially reduce the number of fatalities and serious accidents

that occur each year; it also has the potential to reduce the large

number of unreported accidents and near-misses that occur every day.

It is a step in the right direction that should be applauded.

Several representatives of the longshoring and marine terminals

industries, however, opposed the proposed rule (Exs. 7-43, 7-46, 7-63,

11-7, 11-20, 11-42, Tr. p. 246). These commenters contended that they

already have regulations that cover powered industrial truck operator

training (Secs. 1917.27(a) and 1918.98(a) respectively) and that those

regulations have served their industry well. Indeed, one commenter

claimed that there were few powered industrial truck injuries or

fatalities in the industry. (See Tr. p. 248.) According to this

commenter:

Again, there is no proof of a significant risk to injury to

employees to warrant this additional training regulation in our

industry. We've heard some raw data quoted yesterday. This is all

dependent on the number of truck hours and the amount of exposure

the employees have, personal injury and property damage. Our people

are exposed to this every day and our record is not that bad.

Another commenter from this industry stated (Tr. p. 248):

The PMA [Pacific Maritime Association] conducts forklift

training based on ASME B56.1 to provide skilled operators for

employers to meet the requirements of Sec. 1917.27(a) and

Sec. 1917.97(a)). This program has served the industry well. Also,

on-the-job training is a tradition on the waterfront and

qualification by experience and training have proved to be

effective.

On the other hand, several witnesses at the hearing testified about

powered industrial truck accidents that resulted in deaths and serious

injuries in the marine cargo-handling industry. They supported OSHA's

proposal to improve training for operators in this sector.

For example, one commenter (Tr. p. 437) stated:

One of the port authorities in the U.S. contracted [with] me to

conduct training for the stevedoring and the ILA on the east coast.

We conducted a three-day training program and we had a 54

percent failure factor on basic knowledge.

Another hearing participant (Tr. p. 393) reported:

In fact, last year I investigated a death on a stevedoring area

where a supervisor was driving a lift truck with no training that

ran over an employee on a shipping dock.

It is clear to OSHA that powered industrial truck accidents are a

major cause of injuries and deaths in the marine cargo handling

industry. An OSHA contractor that studied fatality reports for the

period 1991-1993 collected by the National Institute for Occupational

Safety and Health for the Census of Fatal Occupational Injuries Program

determined the number of fatal and serious injury accidents reported

during the period of study (Ex. 38). According to this study the

longshoring and marine terminal industries experienced a percentage of

powered industrial truck accidents that was 10 times greater then the

second highest industry (28.1 percent of all fatal accidents in the

maritime industries compared with 2.8 percent in the second-ranked

industry). An OSHA study of fatalities in the marine cargo handling

industry indicated that 19 of 165 fatalities that occurred between 1975

and 1984 were attributable to the improper operation of powered

industrial trucks. (See section IV. A. 4 above.)

Based on this information and other evidence discussed elsewhere in

this preamble, OSHA concludes that powered industrial truck accidents

are a major cause of serious injuries and deaths in the marine cargo

handling industry. OSHA further concludes that the Agency's current

training requirements do not sufficiently protect employees in that

industry from death and serious injury from powered industrial truck

accidents, and that it is necessary to issue these training

requirements to protect those employees from a significant risk of

injury and death.

There are a number of additional responses to those commenters in

all industries who recommended that OSHA retain the present, very

general, training requirements. First, the statistics demonstrate a

high level of accidents, injuries, and deaths resulting from improper

powered industrial truck operation in all industries. (See the

discussion at part IV.A. above.) The Agency's existing training

requirements have not worked well enough to reduce those injury rates.

However, without the existing requirements, rates would likely have

been much higher. The studies demonstrate that trained operators make

fewer errors. The FEA points out that a percentage of current operators

are trained. Therefore, it is reasonable to conclude that the existing

general training requirement has resulted in the

[[Page 66252]]

training of a percentage of the operators and without this existing

training there would be more errors and, therefore, more accidents. The

new standard will increase the number of trained operators and the

quality of the training, further reducing accidents.

Second, the existing requirement is so general that employers may

believe that they have fulfilled their obligation by providing very

little effective training. Third, the existing provisions provide very

little guidance on what training is necessary and effective. Fourth, as

discussed above, studies are available that show that effective

training will reduce accidents (Ex. 38). Finally, many commenters told

OSHA that their experience demonstrates that better training will

reduce fatalities and injuries, and some provided examples of how their

training programs (similar to the program required by the final rule)

had reduced accidents.

The revised training provisions require the employer to develop a

training program based on the general principles of safe truck

operation, on the type of vehicle(s) being used in the workplace, the

hazards of the workplace created by the use of the vehicle(s), and the

general safety requirements of the OSHA standard. OSHA is not

specifying the time that must be spent on the training or the exact

methods that must be used to train operators. OSHA is, however,

requiring that trained operators know how to do the job properly and do

it safely, as demonstrated by workplace evaluations at the time of

initial and refresher training and at periodic intervals (at least once

every three years). This approach gives employers the flexibility to

develop training programs appropriate to their workplace and avoids

unnecessary specification. Thus, this final standard will be both

performance-oriented and effective.

VII. The Issues

In the January 30, 1996, Federal Register notices, 61 FR 3092 and

3094, OSHA asked for comment on four specific issues as well as any

other relevant issues. These four issues were developed by OSHA after

input from the Advisory Committee on Construction Safety and Health

(ACCSH). The following is a restatement of each issue, a summary of the

comments and hearing testimony received, and the Agency's decision on

each issue.

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?

OSHA specified in the proposals that all training must be conducted

by a designated person. In those proposals, OSHA defined a designated

person as one who has the requisite knowledge, training, and experience

to train powered industrial truck operators and judge their competency.

(See proposed Sec. 1910.178(l)(2)(iii) and the corresponding provisions

of the other proposed standards.) 4 OSHA did not, however,

specify that the training must be conducted by the employer, a

supervisor, or any other particular person, but only that the training

be conducted by a person who is qualified to do so.

---------------------------------------------------------------------------

\4\ Throughout this preamble, OSHA uses the reference to the

general industry standard, Sec. 1910.178, when discussing this final

rule. Because the provisions of the final rule also apply to

construction, shipyards, marine terminals, and longshoring, the

discussion applies equally to these other sections.

---------------------------------------------------------------------------

There were 50 commenters who addressed this issue. (See Exs. 7-11,

7-15, 7-29, 7-38, 7-39, 7-48, 7-50, 7-51, 7-56, 7-64, 7-65, 7-70, 11-1,

11-3, 11-5, 11-6, 11-8, 11-9, 11-10, 11-15, 11-16, 11-18, 11-19, 11-24,

11-25, 11-28, 11-29, 11-31, 11-33, 11-34, 11-36, 11-37, 11-39, 11-40,

11-43, 11-46, Tr. pp. 20, 25-27, 52, 83, 92, 94, 104, 137, 153, 324,

333, 340-341, 384-386, 422.) These participants all agreed that

trainers must have basic knowledge of training methods and/or powered

industrial truck operations that enables them to conduct the training

of these vehicle operators. There was, however, one comment (Ex. 7-11)

that suggested specific requirements for a qualified trainer. This

commenter stated:

* * * A competency standard for the ``designated person''

[should] be incorporated in the proposed rule change. Such a

competency standard * * * could include, but would not be limited

to:

1. Experienced and skilled in the safe and efficient operation

of a powered industrial truck(s).

2. Is familiar with, comprehends, understands and employs

applicable OSHA codes and all consensus standards as they apply to

worker safety and economic impact on the employer.

3. Is skilled and practiced in the training of adults or has the

ability, knowledge and desire to attain such skills.

Some commenters recommended that trainers be accredited by OSHA or

have some other professional certification (see Exs. 7-29, 7-56, 7-64,

7-73, 11-5, 11-40, Tr. p. 326). One of these commenters (Ex. 11-5)

stated:

The ASSE believes it is appropriate for OSHA and the ACCSH to

create general qualification guidelines when establishing the

criteria for lift truck trainers. However, we strongly recommend

that OSHA not get into the business of ``certifying'' these

trainers. The society believes that OSHA does not have the resources

to undertake such an endeavor, and the private sector professional

safety and health organizations have been certifying qualified

safety and health professionals for decades. To have OSHA take on

this responsibility would be equivalent to a ``reinventing the

wheel''. Certified Safety Professionals (CSPs), as an example, could

be recognized as a level of expertise appropriate to develop/

implement this type of training.

OSHA has decided not to include trainer accreditation requirements

in the final rule for several reasons. First, OSHA believes that the

training criteria are sufficiently detailed so that employers and

professional trainers who follow the criteria will provide adequate

training. Second, a large number of trainers and individual employers

(potentially in the tens of thousands) would need to be accredited,

which would overwhelm OSHA's resources. Finally, many small businesses

choose to conduct their own training, and requiring them to become

accredited to do so would be unnecessarily burdensome.

Since the proposal, OSHA has changed the language of the final rule

to clarify that the employer does not need to administer the training

but may have it provided by an outside training provider. The employer

may need to provide additional training on site-specific or truck-

specific matters. OSHA believes that this clarification of the language

of the final rule responds to the suggestions of ACCSH and the needs of

the construction industry. In addition, as a style change the term

``designated'' has been omitted. Instead ``person'' is used followed by

the same qualifications that had been required of ``designated

person.''

2. What type of testing should be conducted during initial training

to judge the trainee's competency (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?

OSHA proposed that operators must successfully complete their

training and be evaluated. OSHA believes that evaluation is an

essential element of any training program. Evaluation provides a

measure not only of the effectiveness of the training but also the

trainees' ability to understand the need for and the

[[Page 66253]]

important elements of the training. Evaluation also allows the trainer

to reemphasize the most important points of the training.

Most of the 32 participants who commented on this issue agreed that

some evaluation is necessary when training is conducted. (See Exs. 11-

1, 11-3, 11-5, 11-8, 11-10, 11-18, 11-19, 11-24, 11-25, 11-28, 11-30,

11-33, 11-34, 11-36, 11-37, 11-39, 11-40, 11-41, 11-46, Tr. pp. 21, 35,

53, 77, 99, 130, 202, 254, 309, 326, 342, 385, 400.) There was general

agreement on the need to conduct written as well as practical testing

during the training.

One commenter (Ex. 11-10), in response to the question about

written and performance testing, stated:

API [American Petroleum Institute] feels that the current

proposed language in paragraph (5)(i) of the general industry

standard adequately addresses any concerns of testing during initial

training. Specific requirements for how to test operators would take

away the flexibility allowed by the currently proposed language,

convert the rule to a specification standard, and greatly increase

the information collection burden without necessarily improving the

safety performance of operators.

The Advisory Committee on Construction Safety and Health (ACCSH)

recommended that OSHA establish a pass/fail requirement for written

tests. Some commenters stated that OSHA should specify a passing

percentage (such as 70 to 85 percent correct answers)(see Exs. 7-52,

11-19). On the other hand, six commenters generally supported the need

for the trainee to perform all the necessary procedures correctly

during practical tests. (See Exs. 11-8 and 11-19, Tr. pp. 78, 132, 427,

434.) Their concerns were that if the trainee cannot operate the

vehicle safely when that trainee knows that an evaluation is being

conducted, there is no guarantee that the trainee will perform the

operation correctly under less controlled circumstances. Other

commenters stated that OSHA should leave the evaluation of the

trainees' grasp of the classroom instruction to the trainer (Exs. 11-

34, 11-36).

OSHA has concluded, as proposed, that the evaluation of the

classroom part of the training should be left to the trainer. There are

many ways to evaluate whether material has been learned, and this

evaluation can be accomplished in a number of ways.

Consequently, OSHA has retained a performance-oriented approach

that allows the employer to determine that the employee has

successfully completed the training, including the classroom and

practical training/demonstration elements. The employer may demonstrate

this for the classroom element based on evidence that the employee has

successfully completed a written or oral test, or by other appropriate

means, such as an evaluation by the instructor. OSHA agrees with these

comments that successful completion of the practical training requires

the trainee to perform all required operations safely.

OSHA concurs with those commenters who recognize the need for both

more formal and practical testing and evaluation. If training is

conducted without the means to evaluate its effectiveness, there is no

way to ensure that the material was adequately presented, that the

trainee understood the material, and that the trainee will use the

training when operating the vehicle.

OSHA does not believe, however, that it is possible, given the

variety of powered industrial trucks, workplace conditions, employee

backgrounds, and types of effective training, to specify standardized

tests or methods, or to specify passing grades. Although ACCSH did

recommend that OSHA specify passing grades, OSHA believes that, by

listing topics and requiring demonstrations of proficiency and

triennial evaluations, the rule will achieve the goal envisioned by

ACCSH for effective training.

3. Are some of the training areas listed not needed?

In developing this final rule, OSHA took its lead from the national

consensus standard, ASME B56.1-1993, which contains a listing of those

subject areas that the consensus committee felt were important for the

trainee to know to successfully operate a powered industrial truck.

These subjects were written in general terms so that the training

program could be tailored to fit the employer's particular

circumstances. The OSHA rule relies on ASME B56.1 and covers

essentially the same subject areas.

There were 43 comments (Exs. 7-14, 7-16, 7-21, 7-22, 7-25, 7-28, 7-

34, 7-39, 7-40, 7-47, 7-51, 7-53, 7-63, 7-64, 11-3, 11-5, 11-10, 11-11,

11-13, 11-15, 11-19, 11-25, 11-28, 11-29, 11-32, 11-33, 11-34, 11-36,

11-37, 11-38, 11-39, 11-43, 11-45, 11-46, 28, 29, 31, Tr. pp. 27, 40,

43, 79, 198, 255, 400) on the various subjects that were proposed and

some additional subjects recommended by some commenters. These

commenters, for the most part, supported the topics contained in OSHA's

proposal.

For example, one commenter (Ex. 7-28) stated:

NAWGA/IFDA appreciates the concerns that have led OSHA to

propose this rule, and believes that benefits can flow to companies

and their workers through the dissemination of guidance on

appropriate training for employees who operate powered industrial

trucks. While we have comments and suggestions regarding certain

aspects of the proposal's requirements, our organization believes

that many of the training elements noted in the rule are appropriate

topics to be covered in the instruction provided to powered

industrial truck operators.

There were several suggestions for improving the language of the

listed items. ACCSH suggested that most of the topics OSHA included

were appropriate but urged OSHA to improve the wording that addresses

the similarities to and differences from the automobile. In the final

rule, OSHA has done so. (See discussion below.) OSHA has reviewed each

comment and suggested change and has used those changes to improve the

final rule, as discussed below.

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?

In the proposals that OSHA published in the Federal Register on

March 14, 1995 and January 30, 1996, the Agency proposed that the

employer conduct an evaluation of each powered industrial truck

operator's performance at least annually to ensure the operator's

continued safe operation of the vehicle(s) in the workplace. However,

OSHA did not specify a fixed period for refresher training and

evaluation but instead proposed that refresher training be provided

when there is reason to believe that there has been unsafe operation,

when an accident or near miss occurs, when an evaluation indicates that

the operator is not capable of performing the assigned duties, or when

a new type of truck has been introduced into the workplace.

Some commenters opposed the requirement for refresher training and

evaluation unless there was documented evidence of employee misconduct

or the training/evaluation was provided at a set interval. (See Exs. 7-

13, 7-16, 7-20, 7-45, and 7-58.) Other commenters suggested that OSHA

require refresher training on a regular basis, for example at three

year intervals. For example, one commenter (Ex. 7-16) stated:

Refresher training should have an established time frame to

ensure operators will be given up-to-date information on safe

powered industrial truck operation. This supports the goal of OSHA

to prevent the first accident and not serve as the source of

[[Page 66254]]

consolation for the first victim. Refresher training should be

required at least every three years, and sooner if there is just

cause, as set forth by the proposed revision.

ACCSH commented that yearly retraining and evaluation are not as

useful in the construction industry as other industries because

relatively few employees remain with the same employer for an entire

year. This also is the case for the longshoring industry.

OSHA has structured the final rule to address these commenters'

concerns. First, the rule stipulates no fixed period for refresher

training and evaluation; instead, such training is triggered when the

triennial evaluation or an incident or workplace change indicates that

it is necessary. OSHA concludes that this performance approach will

ensure that the necessary refresher training occurs but does so in a

way that is not overly burdensome.

Second, by requiring formal evaluations of operators' proficiency

only at three year intervals, OSHA is addressing ACCSH's concerns and

the concerns of employers in other industries with high turnover rates.

If an employee stays less than three years with the same employer, no

periodic evaluation is required (although the evaluation associated

with initial training and any refresher training would be required). In

addition, when an employee changes jobs, the final rule allows the

employer to evaluate the employee's previous training adequacy and

appropriateness to determine that the employee can do the job safely.

As discussed below, duplicative training would not be required in this

situation.

VIII. Summary and Explanation of the Final Standard

A. General

In this final rule, OSHA requires that operators of powered

industrial trucks be trained in the operation of such vehicles before

they are allowed to operate them independently. The training must

consist of instruction (both classroom-type and practical training) in

proper vehicle operation, the hazards of operating the vehicle in the

workplace, and the requirements of the OSHA standard for powered

industrial trucks. Operators who have completed training must then be

evaluated while they operate the vehicle in the workplace. Operators

must also be periodically evaluated (at least once every three years)

to ensure that their skills remain at a high level and must receive

refresher training whenever there is a demonstrated need for it. The

new standard replaces very general training provisions that have had

only a modest impact in reducing truck-related accidents, injuries, and

fatalities.

To accomplish the goal of improved powered industrial truck

operator training, OSHA is revising its existing general industry

standard at Sec. 1910.178(l), and is adding for shipyards a new

Sec. 1915.120 with a cross reference to Sec. 1910.178 (l). For

construction, a new Sec. 1926.602(d), with a cross reference to

1910.178(l), has been added. The new Sec. 1926.602(d) supplements the

current cross-reference to the 1969 ANSI standard, to the extent that

the ANSI standard specifies that only trained operators be permitted to

operate powered industrial trucks (the same language as was contained

at Sec. 1910.178(l)). The standards in parts 1917 and 1918 provide

safety and health coverage for longshoring and marine terminal

employment. The specific standards in these parts are supplemented by a

limited number of general industry standards to provide a comprehensive

package of standards for each industry. These general industry

standards are listed in Secs. 1910.16, 1917.1, and 1918.1. To assure

that new paragraph (1) of Sec. 1910.178 covers longshoring and marine

terminal employees, OSHA is adding it to the list of applicable general

industry standards.

In developing this final standard, OSHA has relied on the training

requirements in the latest national consensus standard for powered

industrial trucks, ASME B56.1-1993, as well as the training

requirements from other standards (both industry and government). In

this final rule, the language of these standards has been modified, as

appropriate, where the consensus standard uses non-enforceable language

(such as in paragraphs 4.19.1 and 4.19.2 of the ASME standard), or for

other reasons, as discussed below.

B. Scope

The scope of OSHA's existing training provisions for operators of

powered industrial trucks for general industry, construction and

shipyards is set forth at 29 CFR 1910.178(a)(1). That paragraph states:

This section contains safety requirements relating to fire

protection, design, maintenance, and use of fork trucks, tractors,

platform lift trucks, motorized hand trucks, and other specialized

industrial trucks powered by electric motor or internal combustion

engines. This section does not apply to compressed air or

nonflammable compressed gas-operated industrial trucks, nor to farm

vehicles, nor to vehicles intended primarily for earth moving or

over-the-road hauling.

Because Sec. 1910.178 adopted the ANSI B56.1-1969 provisions under

section 6(a) of the Act, the scope of that standard covering both

general industry and shipyards employment is the same as the scope of

the ANSI B56.1-1969 standard. The construction standard for powered

industrial trucks incorporates ANSI B56.1-1969 by reference and,

therefore, also has the same scope as the ANSI standard. The

requirement for powered industrial truck use in the marine terminal

industry is at Sec. 1917.43. Paragraph (a) states:

This section applies to every type of powered industrial truck

used for material or equipment handling within a marine terminal. It

does not apply to over-the-road vehicles.

The standard that applies to powered industrial truck training in

the longshoring industry is codified at Sec. 1918.97. That standard

does not use the term ``powered industrial truck'' but provides that

any employee driving ``any power operated vehicle'' shall be competent

by reason of training and experience.

In the preamble of the powered industrial truck operator training

proposal published on March 14, 1995, OSHA did not propose to revise

the scope of the existing rules. However, OSHA solicited comment on

whether the scope of the training requirements should be expanded to

cover operators of a broader classification of vehicles than is covered

by 29 CFR 1910.178(a).

There were eight commenters who generally discussed the scope of

these final rules. (See Exs. 7-43, 11-7, 11-9, 11-17, 11-20, 11-31, 11-

42, 11-44, Tr. pp. 99, 240.) Most of these commenters suggested

limiting the scope to those vehicles covered by the ASME B56.1-1993

standard, which has a narrower scope than the ANSI B56.1-1969 standard

because it does not cover certain types of vehicles that have their own

specialized ASME volumes. These commenters believed that operators of

specialized types of vehicles needed more specialized training.

Additionally, commenters from the marine terminals and longshoring

industries pointed out that they have specialized equipment and/or use

different names for some of the types of vehicles that are used in

other industries. Some vehicles that are unique to the marine cargo

handling industry, or are differently named, are: container top

handlers; container reach stackers; straddle carriers; semi-tractors/

utility vehicles; sidehandlers; combination vacuum lifts; and yard

tractors.

[[Page 66255]]

OSHA has considered the comments received on the issue of scope and

has decided not to change the scope provisions of Sec. 1910.178(a).

This means that the final rule's training requirements in paragraph (l)

will apply to any truck covered by the specific industry standard.

Thus, these training requirements would apply, e.g., to container top

handlers in longshoring and marine terminals.

OSHA concludes that the new standard will improve operator training

and reduce fatalities and injuries among those vehicle operators

covered by Sec. 1910.178(a)(1). The accident statistics discussed above

indicate that there is a high incidence of job-related deaths and

injury for operators of all vehicle types. Therefore, narrowing the

scope of the final rule would decrease employee protections and

increase the risk confronting operators, and would thus be contrary to

the goals of the OSH Act. In response to the commenters who recommended

a narrower scope, OSHA notes that the new standard is flexible enough

to allow training to be tailored to the special characteristics of the

workplace and the vehicles used.

Accordingly, the scope of the final standard is broader than that

of the ASME B56.1-1993 standard, which covers only some types of

powered industrial trucks. The final OSHA standard covers all the types

of powered industrial trucks specified at Sec. 1910.178(a)(1), which is

equivalent to the broader scope of the ANSI B56.1-1969 standard.

Therefore, this final rule applies to the vehicles covered by the

following volumes of the consensus standard: Low Lift and High Lift

Trucks, ASME B56.1; Guided Industrial Vehicles, ASME B56.5; Rough

Terrain Forklift Trucks, ASME B56.6; Industrial Crane Trucks, ASME

B56.7; as well as other vehicles that fall within the definition of a

powered industrial truck in Sec. 1910.178(a).

As discussed above, OSHA's existing operator training requirements

for the marine terminal and longshoring industries essentially cover

all powered industrial trucks used in those sectors no matter what

specialized name they are given. OSHA concludes that it is important to

retain this coverage in these sectors, for the same reasons stated

above. There are high accident rates for operators of powered

industrial trucks in these sectors, and the new training provisions are

flexible enough to tailor the training to address the needs of the

operators of specialized vehicles.

Therefore, the final rule applies to all powered industrial trucks

defined as such in ASME B56.1-1969, as well as to other specialized

equipment found in marine cargo handling operations, including but not

limited to straddle carriers, hustlers, toploaders, container reach

stackers, and other vehicles that carry, push, pull, lift, or tier

loads. Training requirements for other material handling equipment,

such as container gantry cranes or derricks, will continue to be

covered by Secs. 1917.27 and 1918.98.

The final rule does not, however, apply to earth moving equipment

or vehicles used for over-the-road hauling. Three commenters suggested

that OSHA clarify the scope of these training requirements (Exs. 7-25,

7-37, and 11-2). These commenters stated that the discussion of the

scope issue in the proposal's preamble could mislead employers into

thinking that earth moving equipment and over-the-road vehicles were

included in the scope because these vehicles can lift and move

material. OSHA agrees that these vehicles are not powered industrial

trucks for the purposes of this rule. Therefore, equipment that was

designed to move earth but has been modified to accept forks is not

covered by this final rule.

C. Paragraph (l)(1)--Safe Operation

At paragraph (l)(1), OSHA requires the employer to ensure that each

powered industrial truck operator is competent to operate such trucks

safely, as demonstrated by the completion of the training and

evaluation required by the final rule. The language of this paragraph

has been changed from that proposed to emphasize the desired result,

i.e., the operator's ability to operate a truck safely.

Twenty one commenters (Exs. 7-3, 7-12, 7-14, 7-25, 7-26, 7-29, 7-

34, 7-39, 7-47, 7-58, 7-59, 7-64, 7-65, 7-69, 11-4, 11-9, 11-15, 11-32,

11-35, 11-38, Tr. p. 153) discussed this proposed requirement. Their

principal concern was that, although all employees can be considered

``potential'' truck operators, this paragraph should apply only to

those employees who actually are, or are being trained to be, powered

industrial truck operators. For example, one commenter (Ex. 7-25)

stated:

Section 1910.178(1)(i)--We recommend the statements * * *

``ensure that each potential operator'' * * * be changed to * * *

``ensure that each candidate for operator qualification'' * * * This

will avoid any confusion about who needs to be evaluated. Every

employee can be considered a potential operator, but only select

employees will be candidates for certification as qualified and

authorized operators by the employer.

OSHA agrees with these commenters and has revised the language of

the final rule to make clear that only powered industrial truck

operators and trainees, and not all ``potential'' operators, as

proposed, are covered. However, an employee who has other duties, but

sometimes operates a powered industrial truck, is covered by this

paragraph.

Paragraph (l)(1)(ii) requires the employer to ensure that before an

employee is permitted to operate a powered industrial truck, except for

training purposes, the employee has successfully completed the required

training, including an evaluation of the efficacy of that training,

except as permitted by paragraph (l)(5) of this section. The language

of this paragraph has been changed from that of the corresponding

proposed paragraph. The requirement that the operator ``successfully

complete'' the training and evaluation required by the new standard has

been retained, and the paragraph has been simplified for clarity.

Proposed paragraph (l)(1)(ii) had three elements; however, the

final rule focuses only on one major point because the other two are

addressed elsewhere in the final rule. In the proposal, the employer

was required to have each operator trained, evaluated by a designated

person, and determined by that person to be ``performing the required

duties safely.'' As now written, the employer must ensure that each

operator has successfully completed the required training and

evaluation except as permitted by paragraph (l)(5). There are a number

of ways the employer can do this. Outside qualified training

organizations can provide evidence that the employee has successfully

completed the relevant training topics, both classroom and practical.

The employer may also have an employee perform the training, which

would allow the employer to certify that the employee has successfully

completed the training. In the final rule, paragraph (l)(1)(ii) does

not stipulate that a designated person conduct the training and

evaluation of each operator and make a determination that the operator

is performing safely. This is because paragraph (l)(2)(iii)

specifically sets out the capabilities of persons performing the

training, and paragraph (l)(2)(ii) stipulates that the training is to

include both a demonstration and evaluation component (``Training shall

consist of a combination of formal instruction * * *, practical

training (demonstrations * * * by the trainee), and evaluation of the

operator's performance in the workplace.''). There

[[Page 66256]]

is no reason to identify a person with the required capabilities as a

``designated'' person, as proposed.

During this rulemaking, there was some comment about training

resources available to the employer. (See Exs. 7-15, 7-16, 7-27, 7-51,

7-60, 11-1, 11-8, 11-41, 11-46, 28, Tr. pp. 37, 49, 76, 94.) For

example, one commenter (Ex. 11-1) stated:

As North America's largest Powered Industrial Truck training

organization (established in 1981), we welcome the opportunity to

provide input into these long overdue regulations. To date, our

organization's mobile equipment training programs have trained over

125,000 operators and 3500 trainers.

It is clear to OSHA from the comments and testimony of training

organizations that there are adequate resources if employers choose to

hire outside training providers. Additionally, truck manufacturers and

dealers can provide information and assistance in developing a training

program.

OSHA concludes that an evaluation component must be an integral

part of the training process if accidents, injuries, and deaths

resulting from unsafe powered industrial truck operation are to be

reduced. As discussed above (see especially the discussion of the

Jensen and Cohen studies in section IV of this preamble), the training

and reinforcement that will be done in part through the formal

training, demonstration, and evaluation process is a highly effective

way of reducing unsafe practices. The practical exercises,

demonstrations, and evaluations required as part of each operator's

training also will determine whether the employee can competently

perform an operator's duties safely.

Finally, paragraph (l)(1)(ii) does not permit an employee to

operate a powered industrial truck without supervision until the

required training has been completed (see the exception discussed below

in connection with paragraph (l)(2)(i)). This requirement is included

in the final rule to minimize driving by untrained operators.

D. Training Program Implementation--Paragraph (l)(2)

Paragraph (l)(2) permits trainees to receive practical training in

truck operation only in areas where it is safe to do so, sets forth the

types of training that are to be given to all powered industrial truck

operators, and establishes the qualifications of trainers and

evaluators. This paragraph has been revised slightly from the

corresponding provisions in the proposal.

Paragraph (l)(2)(i) allows trainees to operate powered industrial

trucks provided that the operation is under the direct supervision of a

person with the requisite knowledge, training, or experience and the

training is conducted in areas where there is minimum danger to the

trainee and other employees. This is a change from the proposal, which

included the further restriction that no other employee be present

while practical training is being conducted. OSHA has revised this

requirement based on comments that stated that the proposed restriction

might not be possible at some businesses. For example, one commenter

(Ex. 7-34) stated:

Paragraph (l)(2)(i) requires that trainees, under the

supervision of the designated person, be allowed to operate a

powered industrial truck ``provided the operation of the vehicle is

conducted in an area where other employees are not near and the

operation of the truck is under controlled conditions.'' Dow

believes that this provision needs to be modified. The requirement

that other employees may not be near the training area implies that

a segregated area must be established. Not only would this add a

significant cost to training (especially for low frequency training

and space-limited work areas), but also ignores the fact that

without great expense to recreate the work environment, the training

then would not reflect real work scenarios. The trainee must learn

how to maneuver appropriately around the facility including around

obstacles such as other employees, etc. It is more appropriate that

those working in or around the training area be made aware of the

training activities. Instead of segregating the area, the area

should be controlled. The presence of the ``designated person''

conducting the training can assist in this regard. As a result, Dow

recommends that this provision be modified to read,

Trainees under the direct supervision of the designated person

may be allowed to operate a vehicle in a controlled area. Employees

in the surrounding area should be alerted to the training activities

which are occurring in their area.

The above language allows the employer the flexibility to

determine how best to comply with this requirement. It allows those

employers who have the resources and the inclination to create a

segregated area to do so while preserving the flexibility of other

employers to select another adequate method.

Another commenter (Ex. 7-71) stated:

While the flexibility provided by allowing trainees to operate a

powered industrial truck under direct supervision is appropriate and

necessary, the restriction that operation be conducted ``in an area

where other employees are not near and the operation of the truck is

under controlled conditions'' [1910.178(l)(2)(i)(sic)] is vague and

[potentially] impractical or unreasonable. Because of space

limitations and training program requirements, training may need to

be conducted in work areas. Since it is stipulated that training be

under the direct supervision of a qualified trainer, we believe that

additional restriction is unnecessary and perhaps redundant.

OSHA agrees with these commenters, and is making the final

provision more flexible than the proposed requirement. The final rule

allows practical (hands-on) training in truck operation even if other

employees are present, providing that the training is done in a safe

manner.

Proposed paragraph (l)(2)(i) included provisions that were

duplicative of other proposed provisions. OSHA has removed the

duplicative provisions from the final rule. The proposed language

stating that employers must ``implement training'' has been dropped, to

eliminate the implication that the employer could not contract out the

training to an outside trainer or training organization. However, the

employer's responsibility for training remains clearly stated at

paragraph (l)(1)(ii) to ensure that employees successfully complete the

required training and evaluation, no matter who provides it.

OSHA requires at paragraph (l)(2)(ii) that the training consist of

a combination of classroom type instruction, demonstrations by the

trainer, practical training, and evaluation of the operator's ability

to apply the training in the workplace. The Agency believes that only a

combination of training methods will ensure effective employee

training. Classroom type training is necessary to teach some of the

principles of vehicle operation and provide the basis for practical

training. Hands-on (practical) training provides the trainee with the

necessary physical skills and enhances the employee's ability to

operate a powered industrial truck safely. Demonstrations by the

trainer will impart important information to the trainee. In addition,

evaluation of the trainee's ability to operate the truck safely in the

workplace will ensure that the trainee has successfully transferred the

skills learned to the work environment.

No commenters opposed the need for practical training. There was

some comment about the need for classroom training, however.

One commenter (Tr. p. 212), in response to a question about whether

classroom or practical training was preferable, responded:

We think both are necessary. Number one, we need the

reinforcement of the hands-on plus the classroom training, however.

The other issue, there are several issues that need to be

covered in a classrooom for them to be understood when they're on

the truck. Let me give you one example.

[[Page 66257]]

Lift trucks, as you know, are three point suspension. You can

have an operator sitting on a lift truck and you try to explain

that. But unless he's seen it, he or she has seen it and unless it

has been explained to them and illustrated to them, it's very

difficult for them to grasp the concept of three point suspension on

a four wheel truck. That can be explained in a classroom and then,

hopefully, it won't have to be demonstrated because demonstrated

would mean a tipped over truck.

But there are certain things that cannot be demonstrated as

adequately as they can be shown in graphs, slides and explained and

tested in the book and there are certain things that cannot be

covered in the operation. But those things that can, it simply

reinforced them.

I think most of us, in our education, understand that any

reinforcement we can get all the way from demonstration to

illustration, in print and in slides or videos is just reinforcement

and helps the learning process to take effect much more deeply.

Another commenter (Ex. 7-31) stated:

The proposal requires that training consist of a combination of

classroom instruction and practical training. In small workplaces

with few employees classroom instruction, per se, may not be

practicable. Training needs to include a combination of methods and

be flexible enough to work in different work environments and

applications. Classroom instruction is but one way that preliminary

instruction can be provided as a prelude to practical training

exercises. The method of providing face-to-face instruction should

be at the instructor's discretion.

We suggest that subparagraph (ii) be modified to read: Training

shall consist of a combination of instruction (classroom, lecture,

audiovisual aids, and/or conference) and practical training

(demonstrations and practical exercises by the trainee).

Several commenters (Exs. 7-31, 7-35, 7-36, 7-47, 7-49, 11-15, Tr.

pp. 24, 153) suggested that classroom training was impractical,

particularly when a small business employer has one trainee being

trained by a supervisor. Both the proposed and final standard make

clear that the ``classroom'' part of the training need not take place

in a classroom, but can consist of other methods such as discussions,

review of printed material, or viewing of video tapes. Discussions can

consist of the trainer talking to the trainee and explaining the

training material, either in the workplace or in another location. The

Agency's intent was not to limit the flexibility of the employer by

requiring that any phase of the training be conducted in a classroom.

Rather, the rule requires that the training include an explanatory

element as well as a practical element. To make this clearer, the word

``classroom'' has been changed to the word ``formal,'' and examples of

different kinds of formal training have been listed in parentheses.

Some of the topics that OSHA lists at paragraph (l)(3) lend

themselves to being taught in a formal way. For example, teaching a

trainee about vehicle stability by having the trainee tip over a

powered industrial truck does not make sense and is not an effective

way to learn about that principle. Stability is best learned initially

by having the trainer explain the concept of stability, the causes of

instability, and the ways to avoid instability. Practical training then

may reinforce how to avoid creating an unsafe condition. On the other

hand, telling someone what it is like to drive a powered industrial

truck with front wheel drive and rear wheel steering is not sufficient

to teach the trainee how to operate the vehicle safely, and

considerable practical training is also necessary to teach the

necessary skills.

The training also includes an evaluation of the operator's

performance in the workplace. This is necessary to determine that the

operator can effectively utilize all the training to drive safely in

the workplace. This is similar to the requirement that was part of

paragraph (l)(2)(ii) of the proposal. There was no opposition to the

requirement.

OSHA concludes that powered industrial truck operators need to be

trained using a combination of classroom type and practical training.

Some elements are better taught using one or the other type of

training, and often both methods of training are needed. As one hearing

participant (Tr. p. 35) stated:

The first point that I would like to comment on is I believe

that initial certification training should include both classroom

and operational training. This belief is based on the fact that in

many cases what I have seen is without giving the correct

instruction prior to individuals getting onto equipment, is they

tend to develop some very bad habits quickly. I believe giving them

the appropriate information initially and then reinforcing that

while on the truck is the most effective way to train that. I also

believe that with the initial certification, both evaluation of the

classroom and the operational performance should be required. Again,

this is to identify that they do have the correct knowledge of the

equipment and that they have the skills to operate the equipment

effectively.

At paragraph (l)(2)(iii), OSHA requires that all training and

evaluation required by this standard be conducted by persons with the

requisite knowledge, training, or experience to train operators. As

discussed elsewhere in this preamble, the employer may have the

necessary prerequisites to qualify as a trainer and evaluator, or he or

she may assign the responsibility for training and evaluation to one or

more employees or an outside trainer and evaluator having those

prerequisites. There were several comments on this provision.

One commenter (Ex. 7-34) stated:

Paragraph (l)(2)(iii) provides that training and evaluations

must be conducted by a ``designated person.'' Dow is concerned as to

what OSHA means by the term ``designated person.'' Hopefully, OSHA

does not envision that one person must be hired to specifically

conduct the training and evaluations. Dow recommends that the term

``designated person'' be broadly defined to include employees who

have been through the training (or possibly an instructor from the

training course) and have demonstrated sufficient knowledge and

skill to fulfill this role.

Moreover, Dow believes paragraph (l)(2)(iii) must be modified to

reflect that training may be handled by a variety of instructors,

not merely one ``designated person.'' For large facilities with

multiple departments it may be more appropriate that there be

multiple trainers with each focusing on specific elements of the

training program. For example, one person would discuss the

technical characteristics of the vehicle while another person would

discuss the specific loading types for their particular department.

Therefore, Dow recommends OSHA modify this section to allow

facilities the flexibility to have multiple ``designated persons.''

OSHA has concluded that the final rule should adopt a performance-

oriented approach to the qualifications of trainers and evaluators. As

discussed above under issue 1, OSHA does not have the resources to

evaluate and certify trainers and does not consider it necessary to do

so. Trainers and evaluators with different backgrounds can achieve the

level of ability necessary to teach and evaluate trainees. To meet

these commenters' concerns, OSHA has eliminated the term ``designated

person'' from the final rule and has instead described the knowledge,

skills, or experience any trainer or evaluator must have under the

standard.

The Agency finds that this approach will eliminate problems,

especially in the construction industry, where terms such as

``designated person,'' ``authorized person,'' ``competent person,''

``qualified person,'' and others, have distinct meanings and

definitions. As written in the final rule, an employee with the

requisite knowledge, training, and experience could himself or herself

conduct the required training (both initial and refresher) and

evaluations. An employer could also employ one or more such persons, or

could contract with an outside training organization to conduct the

required training and evaluation activities.

This change responds to comments (see, e.g., Exs. 11-10A, 11-29,

11-5, 11-

[[Page 66258]]

6A) submitted to the record. For example, a comment submitted by

Constangy, Brooks & Smith, LLC, on behalf of a client, the Miller

Brewing Company, explains that, in today's environment, which is

characterized by ``declining levels of supervision and increasing

employee participation and empowerment,'' the person conducting the

training and evaluation would in all likelihood be an employee (Ex. 11-

29). Another comment from the American Society of Safety Engineers

(ASSE) urged OSHA to use language in the final rule that would clearly

recognize training given by ``qualified third parties when a company

does not have a qualified staff instructor'' (Ex. 11-5). The Mobil Oil

Company (Ex. 11-6A) expressed the view that a designated person was not

needed succinctly: ``the requirement for operator certification by a

``designated person'' is not practical and would hinder the quality and

timeliness of operator training.''

E. Training Program Content--Paragraph (l)(3)

To ensure that the training provided to powered industrial truck

operators contains the appropriate information for the operator, the

final rule includes a list of subjects that must be mastered in order

to operate a truck safely. Paragraph (l)(3) states that all of the

topics must be covered in operator training unless the employer can

demonstrate that one or more of these topics is not necessary for safe

operation in a particular workplace. It is the employer's

responsibility to ensure that operators successfully complete all

needed training and that the appropriate subjects are taught, including

those that are pertinent to the type(s) of truck the operator will be

allowed to operate and the work environment in which the vehicle(s)

will be operated. Paragraph (l)(3) permits the employer to exclude

those topics that are not relevant to safe operation at the employee's

work location. However, the employer has the responsibility of

demonstrating that these topics are not needed.

For example, if the operator will be operating an order picker,

that employee must be trained in, e.g., the location and function of

the controls; the location and operation of the engine or motor;

steering and maneuvering; visibility; inspection and maintenance that

the operator will be expected to perform; and the other general

operating functions of the vehicle listed in paragraphs (l)(3)(i)(A)

through (M) as well as the workplace-related topics covered in

paragraph (l)(3)(ii)(A) through (I). The employee also must be taught

and understand, for example, that he or she must be restrained from

falling when the platform of the truck is in an elevated position and

that he/she must never drive the truck when the platform is elevated

(except as specified in the operator's manual). Under paragraph (l)(3),

it is the employer's responsibility to ensure that the necessary

elements of the training for the type(s) of vehicle to be used and the

workplace in which that vehicle(s) will be operated are included in the

training.

Some of the elements may be omitted if the employer can demonstrate

that they are not relevant to safe powered industrial truck operation

in the employer's workplace. In such cases, the employer must be able

to demonstrate that a particular topic on the list is not relevant to

the training program because that element does not apply to the type of

vehicle(s) in use, or because the workplace condition addressed by the

element does not exist. For example, if a powered industrial truck is

not used in a hazardous environment (gases, vapors, combustibles--see

paragraph 1910.178(c)), no training in this element is needed.

Similarly, if the truck will be operated on smooth concrete floors, no

training needs to be given on operating on rough terrain.

There were several comments (Exs. 7-7, 7-12, 7-13, 7-14, 7-16, 7-

34, 7-36, 7-39, 7-65, 7-67, 7-69, 7-70, 11-5, 11-10, 11-11, 11-12, 11-

14, 11-15, 11-18, 11-24, 11-29, 11-30, 11-31, 11-32, 11-37, 11-44, 11-

45, 29, Tr. pp. 49, 54, 71, 336) that discussed one or more of the

topics included in the training program. Some commenters and ACCSH

(Exs. 11-5, 7-13, 11-18) suggested that describing the similarities of

powered industrial trucks and automobiles could lead a trainee to

believe that being able to drive a car automatically means being able

to safely operate a powered industrial truck. On the other hand,

according to these commenters, emphasizing the differences between

driving a car and operating a powered industrial truck would help to

clarify important differences, e.g., in steering, stability, and other

characteristics.

For example one commenter (Ex. 7-13) stated:

In section (3)(i)(B), delete * * * ``Similarities to and

differences from the automobile * * *'' What does this have to do

with operating industrial trucks and why does it have to be included

in training? It should be noted that experience with automobiles on

the country's highways is far worse than the experience of industry

with the use of industrial trucks. Section (3)(iii) should be

deleted or reworded. As stated, an employer could be cited for

violations if they have not covered the OSHA Standard as a mandatory

part of training. However, it is not agreed that this would

significantly improve the overall safety of industrial truck

operations.

Another commenter (Ex. 11-5) disagreed:

ASSE believes it is appropriate to differentiate between

operating a powered industrial truck and a car. The different

steering techniques and the hazards unique to industrial truck

operations, we believe, makes such training necessary.

The language of paragraph (l)(3) has been changed slightly in the final

rule to emphasize the need to explain the differences between

industrial trucks and automobiles.

There also was comment about whether operators must learn all about

servicing and maintaining a powered industrial truck if they will not

have to perform that servicing and maintenance. For example, one

commenter (Ex. 7-39) stated:

Subparagraph (i)(D) should be deleted in its entirety. The

phrase ``and maintenance'' should be deleted from subparagraph

(i)(J).

These topics have no bearing on the operator's ability to

operate a forklift in a safe manner. The operator does not require

knowledge in how an internal combustion power plant or an electrical

battery works or is maintained in order to safely operate a

forklift. Unless the operator is going to perform this specialized

work, there is no need to train the operator in such topics.

OSHA agrees with these commenters' contentions and has changed the

final rule accordingly. Paragraph (l)(3)(i)(J) is now written to

clarify that if an operator has no servicing responsibilities, that

operator need not be trained in how to conduct that servicing activity.

On the other hand, if the operator is required to perform any servicing

or maintenance on a vehicle, that operator should know how to perform

that servicing or maintenance.

The training topics included in this final rule were developed from

those contained in the ASME B56.1-1993 standard. Much professional

expertise has gone into their development. Many commenters (see, e.g.,

Exs. 11-10A, 11-18, 11-19, 11-25) generally supported the topics

listed. For example, one hearing participant (Tr. p. 54) stated:

In my opinion, there are a vast number of industries, many

largely diversified within themselves, using a multitude of various

classifications of lift trucks. Within these classifications there

may be multiple attachment applications. Thus, I suppor

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Powered Industrial Truck Operator Training · 63 FR 66238 | Frix