[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Rules and Regulations]
[Pages 22552-22553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10560]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
RIN 1218-AB33
Powered Industrial Truck Operator Training; Correction to Final
Rule
AGENCY: Occupatioal Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correction.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
clarifying that until employers come into compliance with the new
Powered Industrial Truck Training Standard required by December 1,
1999, they must comply with the pre-existing standards for powered
industrial truck operator training.
DATES: The effective date of this correction is April 27, 1999.
The effective date for the new Powered Industrial Truck Operator
Training Standard published December 1, 1998 (63 FR 66238) is March 1,
1999.
Compliance Dates: The dates by which powered industrial truck
operators must be trained and evaluated pursuant to the new standard
are shown on the following table.
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The initial training and
If the employee was hired evaluation of that employee
must be completed
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Before December 1, 1999................... By December 1, 1999.
After December 1, 1999.................... Before the employee is
assigned to operate a
powered industrial truck.
------------------------------------------------------------------------
Until operators are trained and evaluated pursuant to the new
standard, employers must remain in compliance with the prior operator
training standards: 29 CFR 1910.178(1) (1998) for general industry and
shipyards; 29 CFR 1926.602(c)(1)(vi) (1998) for construction; 29 CFR
1917.27 (1998) for marine terminals; and 29 CFR 1918.98 (1998) for
longshoring.
FOR FURTHER INFORMATION CONTACT: Direct press inquiries to: Bonnie
Friedman, Director, Office of Information and Consumer Affairs, Rm.
N3637, OSHA, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, telephone (202) 693-1999, Fax (202) 693-1634.
Direct technical inquiries to: Richard Sauger, Directorate of Safety
Standards Programs, Rm. N3621, telephone (202) 693-2062, Fax (202) 693-
1663 or Wil Epps, Directorate of Compliance Programs, Rm. N-3603,
telephone (202) 693-1850, Fax (202) 693-1628 at the above address.
SUPPLEMENTARY INFORMATION: On December 1, 1998, OSHA published a final
standard improving training requirements for powered industrial truck
operators at 63 FR 66238-66274. That new standard applies to employees
in general industry, shipyards, marine terminals, longshoring and
construction. The new standard will replace existing more general
training requirements in each of those industrial sectors. The new
standard has an effective date of March 1, 1999, and a completion of
initial training and evaluation date of December 1, 1999 for operators
employed before December 1, 1999. Completion of initial training and
evaluation of operators hired on or after December 1, 1999 shall be
prior to being assigned to operate a truck.
OSHA's intention was that employers would remain in compliance with
the old training standard while they commenced, on March 1, the
phasing-in of compliance with the new training standard. That phase-in
would be completed by Dec. 1, 1999 (63 FR 66261). An employer meeting
the requirements of the new standard would clearly meet the
requirements of the old standards.
Need for Correction
Some confusion has been indicated about the phase-in schedule and
the employer's obligation between the effective date of the new
standard and the completion of training and evaluation dates contained
in that standard. To clarify this, OSHA is correcting the DATES
paragraph of the Federal Register preamble.
This clarifies that employers must remain in compliance with the
prior training standards through Nov. 30, 1999. They do not have to be
in compliance with the new training standard until December 1, 1999 and
will not be cited for violating the new standard prior to December 1,
1999.
However, because the new standard is more protective than the
requirements of the prior powered industrial truck operator training
standards, employers who choose to meet the requirements of the new
standard prior to December 1, 1999 will not be cited under the prior
standards. Most employers will probably wish to commence the phase-in
of the training and evaluation required by the new standard prior to
December 1, 1999 for organizational efficiency reasons. Because the new
standard was published on December 1, 1998, employers will have had 1
year for the phase-in.
The pre-existing powered industrial truck operator training
standard applicable to general industry and shipyards (by cross
reference from 29 CFR (1910.5(c)(2)) is 29 CFR 1910.178(1) in the 1998
CFR volume, 29 CFR Part 1900 to Sec. 1910.999 (Revised as of July 1,
1998). The pre-existing standard applicable to construction is 29 CFR
1926.602(c)(1)(vi), cross-referencing ANSI B.56.1-1969 in the CFR
volume 29 CFR Part 1926 (Revised as of July 1, 1998), which is
identical to the pre-existing general industry standard. The pre-
existing training standard applicable to longshoring is 29 CFR 1918.98
and for marine terminals is 29 CFR 1917.27 in the CFR volume 29 CFR
Parts 1911 and 1925 (Revised as of July 1, 1998). See the December 1,
1998 Federal Register preamble at 63 FR 66239 and the Longshoring and
Marine Terminals Final Rule preamble at 62 FR 40142 (July 25, 1997) for
a detailed discussion of pre-existing coverage. (The Longshoring Final
Rule redesignated Sec. 1918.97 as Sec. 1918.98 and applies it to all
longshoring activities.)
Correction of Publication
Accordingly in Federal Register Doc. 98-31283 published December 1,
1998 at 63 FR 66238, the ``Compliance Dates'' under the DATES section
in the preamble
[[Page 22553]]
are corrected to read as set forth in the DATES section of this
document.
Signed at Washington, D.C. this 21 day of April, 1999.
Charles N. Jeffress,
Assistant Secretary of Labor.
[FR Doc. 99-10560 Filed 4-26-99; 8:45 am]
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