[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46846-46847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22304]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1917 and 1918
RIN 1218-AB33
Powered Industrial Truck Operator Training; Stay of Compliance
Dates
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; Stay of compliance dates.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
staying the compliance date for the new Powered Industrial Truck
Operator Training Standard as it applies to employers in the Marine
Terminal and Longshoring Industries from December 1, 1999, until March
1, 2000. The compliance date of the standard for employers in General
Industry, Shipyards and Construction remains December 1, 1999.
DATES: The effective date of this document is August 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 in
the Marine Terminal and Longshoring Industries are shown on the
following table.
------------------------------------------------------------------------
The initial training and
If the employee was hired evaluation of that employee
must be completed
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Before March 1, 2000...................... By March 1, 2000.
After March 1, 2000....................... Before the employee is
assigned to operate a
powered industrial truck.
------------------------------------------------------------------------
Until operators are trained and evaluated pursuant to the new
standard, employers in the Marine Terminal and Longshoring Industries
must remain in compliance with OSHA's prior powered industrial truck
operator training standards: 29 CFR 1917.27 (1998) for marine
terminals; and 29 CFR 1918.98 (1998) for longshoring.
[[Page 46847]]
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, NW.,
Washington, DC 20210, telephone (202) 693-1999, Fax (202) 693-1634.
Direct technical inquires to: Paul Rossi, Office of Maritime Safety
Standards, Rm. N3621, telephone (202) 693-2066, Fax (202) 693-1663 or
Patrick Kapust, 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. The 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 standards pertaining to each of these
industrial sectors. The new standard had 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 for operators hired on or
after December 1, 1999 shall occur prior to their assignment to operate
a truck.
The National Maritime Safety Association, Inc. (NMSA) petitioned
for review of the standard in the Court of Appeals as it applied to the
marine terminal and longshoring industries. (No other legal challenges
were filed.) NMSA has asked OSHA to consider that certain unique
circumstances in those industries involving the use of day labor and
hiring halls suggest the need for flexibility in interpreting some
provisions of the new standard.
OSHA, NMSA and some of its management and labor members are engaged
in settlement negotiations, which have made some progress. In order to
permit time for the negotiations to proceed, OSHA and NMSA have agreed
to delay the court briefing schedule, and OSHA has agreed to stay the
compliance dates of the new Powered Industrial Truck Operator Training
Standard for the marine terminals and longshoring industries from
December 1, 1999 to March 1, 2000. In the interim, employers in the
marine terminal and longshoring industries are to remain in compliance
with the pre-existing powered industrial truck training requirements at
29 CFR 1917.27 and 29 CFR 1918.98, respectively, which appear in the
CFR volume, 29 CFR Parts 1911 to 1925 (Revised as of July 1, 1998).
The new Powered Industrial Truck Operator Training Standard is
codified as 29 CFR 1910.178(1) and was published at 63 FR 66270-66273
(December 1, 1998). The new standard is made applicable to marine
terminals by cross reference from 29 CFR 1917.1 (a)(2)(xiv) and to
longshoring by 29 CFR 1918.1(b)(10). See 63 FR 66274. Accordingly, to
give notice of the stay, OSHA is adding a note following 29 CFR
1917.1(a)(2)(xiv) and 29 CFR 1918.1(b)(10).
OSHA is not staying the compliance date of the standard for the
general industry, shipyard and construction sectors. Accordingly,
compliance with the new Powered Industrial Truck Operator Standard is
required for those sectors by December 1, 1999. See also 64 FR 22552
(April 27, 1999) for further discussion of the compliance dates.
List of Subjects
29 CFR Part 1917
Hazardous substances, Longshore and harbor workers, Marine
terminals, Occupational safety and health, Reporting and recordkeeping.
29 CFR Part 1918
Freight, Hazardous substances, Longshore and harbor workers,
Occupational safety and health, Reporting and recordkeeping, Vessels.
Authority and Signature:
This document was prepared under the direction of Charles N.
Jeffress, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
Signed at Washington, DC this 23rd day of August, 1999.
Charles N. Jeffress,
Assistant Secretary of Labor.
Accordingly, pursuant to sections 4, 6(b), 8(c) and 8(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657,)
section 41 of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 941), Secretary of Labor's Order 6-96 (62 FR 111), and 29 CFR
part 1911, 29 CFR parts 1917and 1918 are amended as set forth below.
SUBPART 1917--MARINE TERMINALS
1. The authority citation for part 1917 continues to read as
follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83
(48 FR 235736), or 6-96 (62 FR 111), as applicable; and 29 CFR Part
1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Subpart A--Scope and Definitions
2. Section 1917.1 is amended by revising paragraph (a)(2)(xiv) to
read as follows:
Sec. 1917.1 Scope and applicability.
(1) * * *
(2) * * *
(xiv) Powered industrial truck operator training, Subpart N,
Sec. 1910.178(1).
Note to Paragraph (a)(2)(xiv): The compliance dates of December
1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1,
2000 for Marine Terminals.
PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
1. The authority citation for part 1918 continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 653, 655, 657; Walsh Healey Act, 41
U.S.C.. 35 et seq.; Service Contract Act of 1965, 41 U.S.C. 351 et
seq.; Sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act), 40 U.S.C. 333; Sec. 41 of the Longshore
and Harbor Workers' Compensation Act, 33 U.S.C. 941; National
Foundation of Arts and Humanities Act, 20 U.S.C. 951 et seq.;
Secretary of Labor's Order No. 6-96 (62 FR 111); and 29 CFR part
1911.
Subpart A--Scope and Definitions
2. Section 1918.1 is amended by revising paragraph (b)(10) to read
as follows:
Sec. 1918.1 Scope and application.
* * * * *
(b) * * *
(10) Powered industrial truck operator training, Subpart N,
Sec. 1910.178(l).
Note to Paragraph (b)(10): The Compliance dates of December 1,
1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1,
2000 for Longshoring.
[FR Doc. 99-22304 Filed 8-26-99 8:45 am]
BILLING CODE 4510-26-M