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Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Powered Industrial Truck Operator Training
• Section: 12
• Title: Section 12 - XII. OMB Review Under the Paperwork Reduction Act

XII. OMB Review Under the Paperwork Reduction Act

This final rule contains collection of information requirements. Under paragraph (l)(6), employers are required to prepare a certification record whenever an operator has received training or has been evaluated. The certification record includes the name of the operator, the date of the training or evaluation, and the identity of the person(s) who performed the training or evaluation. Paragraph (l)(3) requires initial training and evaluation; paragraph (l)(4) establishes conditions requiring refresher training and evaluation and periodic evaluations (once every three years); and paragraph (l)(5) requires the employer to evaluate the adequacy of previous training. A certification record must be prepared whenever one of these activities occurs.

OMB submitted comments on the proposed collections of information (paperwork) (Exs. L-39, L-40) for powered industrial truck operator training. OMB's concerns focused on the burden associated with some elements of operator training, the need for annual evaluations, and the need for comprehensive certification requirements contained in the proposed rules. The final rule addresses OMB's concerns and greatly reduces information collection burdens, as discussed below.

OSHA received 109 written comments on the proposed rule, along with testimony from 22 participants at the public hearings. There was significant opposition to the paperwork burdens associated with the proposed standard. Some indicated that the proposed requirements were too extensive. Others believed that they were a necessary tool to make the training program effective. Based on its review of this information, OSHA has made several changes that substantially reduce both the amount and the frequency of information collection, but retain the minimum necessary for an effective training program. First, OSHA has determined that the proposed annual evaluation of operators should be changed to triennial evaluation. Second, the Agency has eliminated the initial evaluation of employees to determine their training needs, and added an evaluation of the employee's performance after receiving training. Third, OSHA has removed the proposed requirement for employers to sign training and evaluation records. Finally, OSHA has eliminated the proposed requirement for the employer to retain training materials. Section VIII of this Preamble discusses at length the record evidence on these provisions and other issues relating to information collection.

In summary, OSHA estimates that there are 1,540,315 operators of powered industrial trucks in the industries covered by this final rule. A total of 759,571 hours will be needed for employers to comply with the information collection requirements for training and evaluation of these employees in the first year, and 543,860 hours in each subsequent year. These estimates are based on information in OSHA's Final Economic Analysis for the final rule.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), OSHA requested OMB approval of the collection of information requirement described above. On November 18, 1998, the Office of Management and Budget granted approval of the information requirements under Office of Management and Budget Control Number 1218-0242.

[63 FR 66237, Dec. 1, 1998]

Regulations (Preambles to Final Rules) - Table of Contents

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