[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22884]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0062]
Powered Industrial Trucks Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Powered Industrial
Trucks Standard. The information collection requirements address truck
design, construction and modification, as well as certification of
training and evaluation for truck operators.
DATES: Comments must be submitted (postmarked, sent, or received) by
December 15, 2020.
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0062, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET. Please note: While OSHA's
Docket Office is continuing to accept and process submissions by
regular mail, due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2011-0062) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security number and date of birth, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor; telephone (202) 693-2222.
The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Paragraph (a)(4) of the Powered Industrial Trucks Standard requires
employers to obtain the manufacturer's written approval before
modifying a truck in a manner that affects the capacity and safe
operation; if the manufacturer grants such approval, the employer must
revise capacity, operation, and maintenance instruction plates, tags,
and decals accordingly. For front-end attachments not installed by the
manufacturer, paragraph (a)(5) mandates that employers provide a marker
on the trucks that identifies the attachment, as well as the weight of
both the truck and the attachment when the attachment is at maximum
elevation with a laterally centered load. Paragraph (a)(6) specifies
that employers must ensure that the markers required by paragraphs
(a)(3) through (a)(5) remain affixed to the trucks and are legible.
Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork
requirements necessary to certify the evaluation and training provided
to powered industrial truck operators. Accordingly, these paragraphs
specify the following requirements for employers.
Paragraph (1)(4)(iii)--evaluate each operator's
performance at least once every three years.
Paragraph (l)(6)--Certify that each operator meets the
training and evaluation requirements specified by paragraph (l). This
certification must include the operator's name, the training date, the
evaluation date, and the identity of the individual(s) who performed
the training and evaluation.
Requiring labels (markings) on modified equipment notifies workers
of the conditions under which they can safely operate powered
industrial trucks, thereby preventing such hazards as fires and
explosions caused by poorly designed electrical systems, rollovers/
tipovers that result from exceeding a truck's stability
characteristics, and falling loads that occur when loads exceed the
lifting capacities of attachments. Certification of worker training and
evaluation provides a means of informing employers that their workers
received the training and demonstrated the performance necessary to
operate a truck within the capacity and control limitations. By
ensuring that workers operate only trucks that are in proper working
order, and do so safely, employers prevent possible severe injury or
death of truck operators and other workers who are in the vicinity of
the trucks. Finally, these paperwork requirements are the most
efficient means for an OSHA compliance officer to determine that an
employer properly notified workers about the design and construction
of, and modifications made to, the trucks they are operating, and that
an employer provided them with the required training.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is proposing to increase the existing burden hour estimate of
the collection of information requirements specified by the Standard.
In this regard, the agency is proposing to increase the current burden
hour estimate from 427,866 hours to 450,023 hours, a total increase of
22,257 hours. An increase in the number of powered industrial truck
operators from 1,210,679 to 1,276,055 resulted in this increase. The
agency will summarize the comments submitted in response to this notice
and will include this summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Powered Industrial Trucks (29 CFR 1910.178).
OMB Control Number: 1218-0242.
Affected Public: Business or other for-profits.
Number of Respondents: 1,276,055.
Number of Responses: 2,526,588.
Frequency of Reponses: On occasion; annually; triennially.
Average Time per Response: Ranges from two minutes to mark an
approved truck to 30 minutes to perform an evaluation.
Estimated Total Burden Hours: 450,023.
Estimated Cost (Operation and Maintenance): $256,626.
IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0062). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so that
the agency can attach them to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the website, and for assistance in using the internet to
locate docket submissions.
V. Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on October 9, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-22884 Filed 10-15-20; 8:45 am]
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