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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.

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 April 27, 1999.

Compliance Dates: The dates by which powered industrial truck operators must be trained are shown on the following table.

------------------------------------------------------------------------
                                             The initial training and
       If the employee was hired           evaluation of that employee
                                                must be completed
------------------------------------------------------------------------
Before December 1, 1999................  By December 1, 1999.
After December 1, 1999.................  Before the employee is assigned
                                          to operate a powered
                                          industrial truck.
------------------------------------------------------------------------

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.

ADDRESS: 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

1. Background
   1. General Industry
      
   2. Shipyards and Marine Cargo Handling
      
   3. Construction
      
   4. Development of the Proposal
      
   5. Updated Consensus Standard

2. Powered Industrial Truck Characteristics

3. Powered Industrial Truck Hazards

4. Studies of Accident and Injury Data and Training Effectiveness
   1. Accident and Injury Data
      
   2. Studies Measuring the Effectiveness of Powered Industrial Truck Safety Training Programs

5. Basis for Agency Action

6. Training

7. The Issues

8. Summary and Explanation of the Final Standard
   1. General
      
   2. Scope
      
   3. Safe Operation -- Paragraph (l)(1)
      
   4. Training Program Implementation -- Paragraph (l)(2)
      
   5. Training Program Content -- Paragraph (l)(3)
      
   6. Refresher Training and Evaluation -- Paragraph (l)(4)
      
   7. Avoidance of Duplicative Training -- Paragraph (l)(5)
      
   8. Certification -- Paragraph (l)(6)
      
   9. Compliance Dates -- Paragraph (l)(7)
   10. Appendix

9. Statutory Considerations

10. Economic Analysis

11. Environmental Impact

12. OMB Review under the Paperwork Reduction Act

13. State Plan Standards

14. Federalism and Children's Executive Order

15. List of Subjects

16. Authority

17. Regulatory Text

[63 FR 66237, Dec. 1, 1998]