[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Proposed Rules]
[Pages 3092-3094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1215]
[[Page 3091]]
_______________________________________________________________________
Part II
Department of Labor
_______________________________________________________________________
Occupational Safety and Health Administration
_______________________________________________________________________
29 CFR Part 1910, et al.
Powered Industrial Truck Operator Training; Proposed Rules
Federal Register / Vol. 61, No. 20 / January 30, 1996 / Proposed
Rules
[[Page 3092]]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918
[Docket No. S-008]
Powered Industrial Truck Operator Training
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Proposed rule; reopening of comment period, public hearing.
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SUMMARY: The Occupational Safety and Health Administration (OSHA)
proposed to revise the standards that provide for the training of
powered industrial truck operators in general industry and the maritime
industries to reduce injuries and deaths that result from inadequate
training. That document was published on March 14, 1995 (60 FR 13782).
In a companion document in today's Federal Register, OSHA is proposing
to improve such training in the construction industry and is scheduling
a public hearing.
In order to permit consideration of these overlapping matters in
the most efficient manner, OSHA is combining these rulemakings,
reopening the comment period for general industry and maritime, and
scheduling a hearing for all sectors.
DATES: Written comments on the proposed standard and notices of
intention to appear at the informal public hearing on the proposed
standard must be postmarked by April 1, 1996. Parties who request more
than 10 minutes for their presentations at the informal public hearing
and parties who will submit documentary evidence at the hearing must
submit the full text of their testimony and all documentary evidence
postmarked no later than April 15, 1996. The hearing will take place in
Washington, DC and is scheduled to begin on April 30, 1996.
ADDRESSES: Comments should be sent in quadruplicate to: Docket Office,
Docket No. S-008; Room N2624; U.S. Department of Labor, Occupational
Safety and Health Administration, 200 Constitution Avenue NW.,
Washington, DC 20210 (202-523-7894).
Notices of intention to appear at the informal rulemaking hearing,
testimony, and documentary evidence are to be submitted in
quadruplicate to: Mr. Thomas Hall, OSHA Division of Consumer Affairs,
Occupational Safety and Health Administration, 200 Constitution Avenue
NW,, Room N3647, Washington, DC 20210; (202-219-8615). Written comments
received, notices of intention to appear, testimony, and all other
material related to the development of this proposed standard will be
available for inspection and copying in the public record in the Docket
Office, Room N2624, at the above address.
The hearing will be held in the auditorium of the U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information
and Consumer Affairs, U.S. Department of Labor, Occupational Safety and
Health Administration, Room N3647; 200 Constitution Avenue NW.,
Washington, DC 20210 (202-219-8148, FAX 202-219-5986).
SUPPLEMENTARY INFORMATION: On March 14, 1995 (60 FR 13782), OSHA
proposed standards to improve training of powered industrial truck
operators in general industry (29 CFR part 1910) and the maritime
industries (29 CFR parts 1915, 1917 and 1918). After consulting with
the Advisory Committee on Construction Safety and Health (ACCSH), OSHA
is proposing improved training for those operators in the construction
industry in today's Federal Register. OSHA believes the most efficient
way to consider these matters is to combine the rulemaking into one
proceeding that shares the same record. If the evidence indicates
different requirements are needed for different sectors, this can be
accommodated in the final standard. Also, some commenters to the March
proposal requested a public hearing. (See Ex. 2-47.)
Accordingly, OSHA is reopening the comment period for the general
and maritime industries to April 1, 1996 to coincide with the comment
period for construction. In addition, OSHA is scheduling a public
hearing for all sectors commencing April 30, 1996. In light of budget
stringency, OSHA is only scheduling a hearing in Washington, DC.
Regional hearings create substantial expense.
The Advisory Committee on Construction Safety and Health made
several recommendations for powered industrial truck training in the
construction industry that may have merit for other sectors as well.
Accordingly, OSHA is requesting comment on these issues for all
sectors, in addition to the other issues arising from the proposal. The
four specific issues raised by the ACCSH are as follows:
1. Should an employer be allowed to accept the certification of
training by a third party such as a union, training institute,
manufacturer, consultant, or other private or public organization?
Since OSHA does not accredit certifiers, what criteria should be
used to establish their credibility?
Employees sometimes work only briefly for an employer and it
might be inefficient for an employer with high turnover to have to
specifically review the performance of each new employee. There
would need to be some mechanism to ensure that the operator would be
trained in the conditions comparable to those found at the work site
and that the employer would know that the operator had been
adequately trained.
2. What type of testing should be conducted during initial
training to judge the competency of the trainee (performance testing
and oral and/or written tests)?
A. If tests are administered, what subjects should be tested,
and what methods, if any, should be used to judge that the tests are
reliable and address the subject matter adequately?
B. What, if any, should be the acceptable pass/fail requirement
for the tests?
ACCSH recommended that the employer or other organization
training operators should give both performance tests and oral/
written tests to ensure the skill and knowledge of the operator. The
committee also recommended that there should be pass/fail criteria
for those tests and that records be kept of the results of the
tests. They asserted that the requirement would assist in lowering
accident rates. They also suggested that if this turned out not to
be effective, that OSHA consider accreditation of training programs.
OSHA did not propose a written or oral test requirement for general
industry or maritime and in its experience, this issue has proven to
be very controversial.
3. Are some of the training areas listed not needed? ACCSH
believes that most of the areas for training were necessary but they
felt a few might not be. Specifically, they felt that the
recommended topic on the differences between driving an auto and a
powered industrial truck might be unnecessary. OSHA is concerned
that the stability differences and the effects of rear wheel
steering are significant matters.
4. Should an employee receive refresher or remedial training
only if operating a vehicle unsafely or if involved in an accident?
Is a one year interval too frequent for retraining or
recertification?
The ACCSH asserted that a periodic retraining provision for
construction was inappropriate because most construction employees
are only on a particular job a short period. However, they
recommended reevaluation and possible retraining after an incident,
accident or expiration of a certificate. (See question 1.)
OSHA has also made a few minor stylistic changes to improve the
clarity of the regulatory text for construction. Interested parties
may wish to comment on these.
Collection of Information Under the Paperwork Reduction Act
In addition to the issues raised above, OSHA seeks specific comment
on the collection of information requirement proposed in
Secs. 1910.178(l)(5), 1915.120(a)(5), 1917.43(i)(5), and
[[Page 3093]]
1918.77(a)(5) [60 FR 13782; March 14, 1995]. Those sections contain a
collection of information requirement as defined by the new OMB
regulations at 60 FR 44978, August 29, 1995. OSHA is asking for comment
on a similar collection of information in Sec. 1926.602(d)(5) as part
of the NPRM covering the construction industry. These paragraphs
require employers to prepare and maintain a record to certify that
employees have been trained and evaluated as required by the powered
industrial truck operator training proposed standard. The proposed rule
requires employers to certify compliance with the standard by preparing
a certification record that contains the name of the employee trained,
the date of training, and the signature of the person performing the
training and evaluation.
This certification record is needed to verify that powered
industrial truck operators are trained to perform their duties
competently and safely. To comply with the training requirement,
employers must keep a record certifying that their employees have
successfully completed powered industrial truck operator training. Safe
operation can decrease the number of fatalities and injuries associated
with powered industrial trucks.
It has been estimated that there are approximately 1.2 million
powered industrial truck operators, and which each firm averaging four
powered industrial trucks in operation, the total number of responses
to this standard should be 360,000. Initial training should occur one
time per operator and refresher training when necessary. The refresher
training is to be done when working conditions change for any reason,
for example, when an operator leaves a job working in general industry
(a warehouse) to a job working on a construction site. The working
conditions are different, therefore, the operator should be retrained
about the new hazards that may exist in the new work environment.
OSHA estimates that it will take employers about 1 hour to prepare
and 8 hours to deliver the training and another 15 minutes to prepare a
certification record, make it available during compliance inspections,
retain current training materials and course outlines, and document the
types of trucks that an operator is authorized to operate. It will cost
employers on average about $53 to initially train and certify each
employee. The total first year burden for all workplaces is 641,125
burden hours at an annual cost of $4,570,881. It should be noted that
the $4,570,881 cost is included in the regulatory analysis cost and, by
OMB definition, includes training costs, not just the cost of preparing
written documents.
OSHA requests comment from the public on all aspects of this
collection of information. Specifically OSHA requests comment or
whether this proposed collection of information does:
Ensure that the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
Comments on the collection of information (certification record)
should be sent to the OMB Desk Officer for OSHA at Room 10235, 726
Jackson Place, NW, Washington, DC 20503. Commenters are encouraged to
send a copy of their comment on the collection of information to OSHA
along with their other comments. The supporting statement for this
collection of information requirement is available in both OMB and the
OSHA Docket Offices.
OMB is currently reviewing OSHA proposed collection of information
to determine its consistency with the Paperwork Reduction Act of 1995.
At this time OMB has not approved this collection of information.
Public Participation
Interested persons are requested to submit written data, views and
arguments concerning the proposal of March 14, 1995 and the additional
issues raised in this document. These comments must be postmarked by
April 1, 1996, and submitted in quadruplicate to the Docket Office,
Docket No. S-008, Room N2624, U.S. Department of Labor, Occupational
Safety and Health Administration, 200 Constitution Avenue NW.,
Washington, DC 20210.
All written comments received within the specified comment period
will be made a part of the record and will be available for public
inspection and copying at the above Docket Office address. The comments
submitted as part of the proposal for general industry and maritime
will be considered part of the record for construction and those
submitted for construction will be considered part of the record for
general industry and maritime.
Notice of Intention to Appear at the Informal Hearing
Pursuant to section 6(b)(3) of the Occupational Safety and Health
Act, an opportunity to submit oral testimony concerning the issues
raised by the proposed standard including economic and environmental
impacts, will be provided at an informal public hearing to be held in
Washington, DC on April 30, 1996. If OSHA receives sufficient requests
to participate in the hearing, the hearing period may be extended.
Conversely, the hearing may be shortened if there are few requests.
The hearing will commence at 9:30 a.m. on April 30, 1996, in the
Auditorium, Frances Perkins Building, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210.
All persons desiring to participate in the hearing must file in
quadruplicate a notice of intention to appear, postmarked on or before
April 1, 1996. The notice of intention to appear, which will be
available for inspection and copying at the OSHA Technical Data Center
Docket Office (Room N2624), telephone (202) 219-7894, must contain the
following information:
1. The name, address, and telephone number of each person to
appear;
2. The capacity in which the person will appear;
3. The approximate amount of time required for the presentation;
4. The issues that will be addressed;
5. A brief statement of the position that will be taken with
respect to each issue; and
6. Whether the party intends to submit documentary evidence and, if
so, a brief summary of it.
The notice of intention to appear shall be mailed to Mr. Thomas
Hall, OSHA Division of Consumer Affairs, Docket S-008, Room N3647, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone (202) 219-8615.
A notice of intention to appear also may be transmitted by
facsimile to (202) 219-5986 (Attention: Thomas Hall), by the same date,
provided the original and 3 copies are sent to the same address and
postmarked no more than 3 days later.
[[Page 3094]]
Filing of Testimony and Evidence Before the Hearing
Any party requesting more than 10 minutes for a presentation at the
hearing, or who will submit documentary evidence, must provide in
quadruplicate, the complete text of the testimony, including any
documentary evidence to be presented at the hearing. One copy shall not
be stapled or bound and be suitable for copying. These materials must
be provided to Mr. Thomas Hall, OSHA Division of Consumer Affairs at
the address above and be postmarked no later than April 15, 1996.
Each such submission will be reviewed in light of the amount of
time requested in the notice of intention to appear. In those instances
when the information contained in the submission does not justify the
amount of time requested, a more appropriate amount of time will be
allocated and the participant will be notified of that fact prior to
the informal public hearing.
Any party who has not substantially complied with this requirement
may be limited to a 10-minute presentation, and may be requested to
return for questioning at a later time.
Any party who has not filed a notice of intention to appear may be
allowed to testify for no more than 10 minutes as time permits, at the
discretion of the Administrative Law Judge, but will not be allowed to
question witnesses.
Notice of intention to appear, testimony and evidence will be
available for copying at the Docket Office at the address above.
Conduct and Nature of the Hearing
The hearing will commence at 9:30 a.m. on April 30, 1996. At that
time, any procedural matters relating to the proceeding will be
resolved.
The nature of an informal rulemaking hearing is established in the
legislative history of section 6 of the Occupational Safety and Health
Act and is reflected by OSHA's rules of procedure for hearings (29 CFR
1911.15(a)). Although the presiding officer is an Administrative Law
Judge and limited questioning by persons who have filed notices of
intention to appear is allowed on crucial issues, the proceeding is
informal and legislative in type. The Agency's intent, in essence, is
to provide interested persons with an opportunity to make effective
oral presentations that can proceed expeditiously in the absence of
procedural restraints that impede or protract the rulemaking process.
Additionally, since the hearing is primarily for information
gathering and clarification, it is an informal administrative
proceeding rather than an adjudicative one.
The technical rules of evidence, for example, do not apply. The
regulations that govern hearings and the pre-hearing guidelines to be
issued for this hearing will ensure fairness and due process and also
facilitate the development of a clear, accurate and complete record.
Those rules and guidelines will be interpreted in a manner that
furthers that development. Thus, questions of relevance, procedure and
participation generally will be decided so as to favor development of
the record.
The hearing will be conducted in accordance with 29 CFR part 1911.
It should be noted that Sec. 1911.4 specifies that the Assistant
Secretary may, upon reasonable notice, issue alternative procedures to
expedite proceedings or for other good cause.
The hearing will be presided over by an Administrative Law Judge
who makes no decision or recommendation on the merits of OSHA's
proposal. The responsibility of the Administrative Law Judge is to
ensure that the hearing proceeds at a reasonable pace and in an orderly
manner. The Administrative Law Judge, therefore, will have all the
powers necessary and appropriate to conduct a full and fair informal
hearing as provided in 29 CFR 1911, including the powers:
1. To regulate the course of the proceedings;
2. To dispose of procedural requests, objections and comparable
matters;
3. To confine the presentations to the matters pertinent to the
issues raised;
4. To regulate the conduct of those present at the hearing by
appropriate means;
5. At the Judge's discretion, to question and permit the
questioning of any witness and to limit the time for questioning; and
6. At the Judge's discretion, to keep the record open for a
reasonable, stated time (known as the post-hearing comment period) to
receive written information and additional data, views and arguments
from any person who has participated in the oral proceedings.
OSHA recognizes that there may be interested persons who, through
their knowledge of safety or their experience in the operations
involved, would wish to endorse or support certain provisions in the
standard. OSHA welcomes such supportive comments, including any
pertinent accident data or cost information that may be available, in
order that the record of this rulemaking will present a balanced
picture of the public response on the issues involved.
Signed at Washington, DC, this 22nd day of January, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 96-1215 Filed 1-29-96; 8:45 am]
BILLING CODE 4510-26-P
