OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 1, 2025

Andrew Hart, MSLS, MSS, OHST
Research Librarian
OHIO Bureau of Workers Compensation, OHIA BWC Library
30 W. Spring Street, L-3
Columbus, OHIO 43215

Dear Mr. Hart:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA), requesting clarification of 29 CFR 1910.178, Power Industrial Trucks, specifically sections 1910.178(l)(2)(i)(A), 1910.178(l)(2)(ii) and 1910.178(l)(2)(iii). This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any questions not delineated in your original correspondence. Your paraphrased question and our response are below:

Background: 29 CFR 1910.178(l)(2)(iii) states: All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.

Question #1: Can a person who has the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence, clarified in the letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2003-07-23, perform the evaluation virtually? In other words, can the employee demonstrate competence and knowledge of using power industrial trucks while being live streamed (i.e. synchronously recording at the same time as they are being evaluated) on a device such as a cell phone, tablet, or computer?

Response: In accordance with 29 CFR 1910.178(l)(2)(i)(A), trainees may only operate a powered industrial truck under the direct supervision [emphasis added] of a person with the knowledge, training, and experience to train operators and evaluate their competence. Direct supervision means the qualified individual who is observing and evaluating operators is physically located at the location where any practical training and evaluation takes place. Note that the content for practical training and evaluation of operators is performance-oriented and allows the employer to determine that the employee has successfully completed the training, including the classroom and practical training/demonstration elements.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA’s requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to circumstances. This letter constitutes OSHA’s interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA’s website at www.osha.gov.

If you have any further questions, please feel free to contact the Office of General Industry and Agricultural Enforcement at (202) 693-1850.

Sincerely,

Erin P. Gilmore, Acting Director
Directorate of Enforcement Programs