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News Release USDL: 96-21
Tuesday, January 30, 1996
Contact: Frank Kane (202) 219-8151

The Occupational Safety and Health Administration (OSHA), after consulting with its Advisory Committee on Construction Safety and Health (ACCSH), today proposed including construction industry operators in improved training being developed for powered industrial truck operators.

The original proposal announced March 14, 1995, had covered only operators in the general and maritime industries. OSHA also is reopening the record to receive additional information from those sectors.

OSHA is scheduling a public hearing for all sectors April 30 and May 1, 1996.

The proposed improvements to training requirements include covering topics necessary for safe operation and practical experience. Operators are to be evaluated to determine if they can safely drive the trucks on the job and then must be evaluated periodically or after an accident. Operators do not need to repeat training they have already received and successfully completed.

ACCSH also made recommendations that OSHA believes may have merit for all sectors covered by the proposal.

The issues raised by ACCSH are:

1. Should an employer be allowed to accept the certification of training by a third party such as a union, manufacturer, consultant, or other public or private organization? Because 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)?

• 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?

• What, if any, should be the acceptable pass/fail requirement for the tests?

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

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?

Written comments for construction, general industry and maritime must be postmarked by April 1 and submitted in quadruplicate to the Docket Office, Docket No. S-008, Room N-2624, U.S. Department of Labor, Occupational Safety and Health Administration, 200 Constitution Ave., NW, Washington, D.C., 20210. They will be made a part of the record and will be available for public inspection and copying at the Docket Office.

The public hearing will be held April 30 and May 1, 1996, starting at 9:30 a.m., in the auditorium, Frances Perkins Building, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C., 20210. The dates for the hearing may be extended or shortened, depending on the number of requests for participation.

Persons desiring to participate in the hearing must file in quadruplicate a notice of intention to appear, postmarked on or before April 1, 1996, and mailed to Thomas Hall, OSHA Division of Consumer Affairs, Docket S-008, Room N-3647, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C., 20210; telephone (202) 219-8615. The notice also may be transmitted by facsimile to (202) 219-5986 (Attention: Thomas Hall), provided the original and three copies are sent to the same address and postmarked no more than three days later.

The notice of intention to appear must contain the following information: 1) the name, address, and telephone number of each person to appear; 2) the capacity in which the person will appear; 3) the approximate amount of time required for the presentation; 4) the issues that will be addressed; ( 5) a brief statement of the position that will be taken with respect to each issue; and (6) whether the party intends to submit documentary evidence and, if so, a brief summary of it.

Any person requesting more than 10 minutes for a presentation, or who will submit documentary evidence, must provide it in quadruplicate to Thomas Hall, OSHA Division of Consumer Affairs, at the address above. It must be postmarked no later than April 15, 1996.

Any person who has not filed a notice of intention to appear may be allowed to testify for no more than 10 minutes as time permits, at the discretion of the administrative law judge conducting the hearing.

Notices of intention to appear, testimony and evidence will be available for copying at the Docket Office.

Notices about extending the proposal to the construction industry, the issues raised by ACCSH, and the public hearing are published in the Tuesday, Jan. 30, 1996, Federal Register.