Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Powered Industrial Truck Operator Training
• Section: 14
• Title: Section 14 - XIV. Federalism and Children's Executive Order

XIV. Federalism and Children's Executive Order

These regulations have been reviewed in accordance with Executive Order 12875 (52 FR 58093, Oct. 28, 1993) regarding Federalism. The orders require that agencies, to the extent possible, refrain from limiting state policy options, consult with states prior to taking any actions which would restrict state policy options, and take such actions only when there is clear constitutional authority and the presence of a problem of national scope. The Order provides for preemption of state law only if there is a clear Congressional intent for the Agency to do so. Any such preemption is to be limited to the extent possible.

In accordance with Executive Order 13045, OSHA has evaluated the environmental safety and health effects of the rule on children. The Agency has determined that the final rule will have no effect on children.

Section 18 of the Occupational Safety and Health Act (OSH Act) expresses Congress' intent to preempt State laws relating to issues on which Federal OSHA has promulgated occupational safety and health standards. Under the OSH Act, a State can avoid preemption on issues covered by Federal standards only if it submits, and obtains Federal approval of, a plan for the development of such standards and their enforcement. Occupational safety and health standards developed by such Plan States must, among other things, be at least as effective in providing safe and healthful employment and places of employment as the Federal standards. When such standards are applicable to products distributed or used in interstate commerce, they may not unduly burden commerce and must be justified by compelling local conditions.

The Federal standard on powered industrial truck operator training addresses hazards that are not unique to any one State or region of the country. Nonetheless, States with occupational safety and health plans approved under section 18 of the OSH Act will be able to develop their own State standards to deal with any special problems that might be encountered in a particular State. Moreover, because this standard is written in general, performance-oriented terms, there is considerable flexibility for State Plans to require, and for affected employers to use, methods of compliance that are appropriate to the working conditions covered by these standards.

In brief, these rules address a clear national problem related to occupational safety and health in general industry, construction, shipyard, and the marine cargo-handling industries. Those states that have elected to participate under section 18 of the OSH Act are not preempted by these standards, and will be able to address any special conditions within the framework of the Federal Act while ensuring that the State standards are at least as effective as the Federal standard.

[63 FR 66237, Dec. 1, 1998]


Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents