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.

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.

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 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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