[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8633-8641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04338]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSHA-2018-0008]
RIN 1218-AC99


Powered Industrial Trucks; Request for information

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for Information (RFI).

-----------------------------------------------------------------------

SUMMARY: OSHA requests information and comment on issues related to 
requirements in the standards on powered industrial trucks for general, 
maritime, and construction industries. OSHA is seeking information 
regarding the types, age, and usage of powered industrial trucks, 
maintenance and retrofitting of powered industrial trucks, how to 
regulate older powered industrial trucks, the types of accidents and 
injuries associated with operation of powered industrial trucks, the 
costs and benefits of retrofitting powered industrial trucks with 
safety features, and the costs and benefits of all other components of 
a safety program, as well as various other issues. OSHA is also 
interested in understanding whether the differences between the 
standards for maritime, construction, and general industry are 
appropriate and effective for each specific industrial sector. OSHA 
will use the information received in response to this RFI to determine 
what action, if any, it may take to reduce regulatory burdens while 
maintaining worker safety.

DATES: Submit comments and additional material on or before June 10, 
2019. All submissions must bear a postmark or provide other evidence of 
the submission date.

ADDRESSES: Submit comments and additional materials, identified by 
Docket No. OSHA-2018-0008, by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Facsimile: OSHA allows facsimile transmission of comments and 
additional material that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648. OSHA does not require hard copies of these documents. Instead 
of transmitting facsimile copies of attachments that supplement these 
documents (for example, studies, journal articles), commenters must 
submit these attachments to the OSHA Docket Office, Room N-3653, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW, Washington, DC 20210. These 
attachments must identify clearly the commenter's name, the date of 
submission, the title of this RFI (Powered Industrial Trucks), and 
docket no. OSHA-2018-0008 so that the Docket Office can attach them to 
the appropriate document.
    Regular mail, express mail, hand delivery, or messenger (courier) 
service: Submit comments and any additional material (for example, 
studies, journal articles) to the OSHA Docket Office, Docket No. OSHA-
2018-0008 or RIN (1218-AC99), Room N-3653, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627.) Contact the OSHA Docket Office for 
information about security procedures concerning delivery of materials 
by express mail, hand delivery, and messenger service. The hours of 
operation for the OSHA Docket Office are 10:00 a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency's name, the 
title of this RFI (Powered Industrial Trucks), and the docket no. OSHA-
2018-0008. OSHA will place comments and other material, including any 
personal information, in the public docket without revision, and these 
materials will be available online at http://www.regulations.gov. 
Therefore, OSHA cautions commenters about submitting statements they do 
not want made available to the public and submitting comments that 
contain personal information (either about themselves or others) such 
as Social Security numbers, birth dates, and medical data.
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the above address. The http://www.regulations.gov index lists all 
documents in the docket. However, some information (e.g., copyrighted 
material) is not available publicly to read or download through the 
website. All submissions, including copyrighted material, are available 
for inspection at the OSHA Docket Office. Contact the OSHA Docket 
Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger, 
Director, OSHA Office of Communications; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Lisa Long, Director, Office of 
Engineering Safety, OSHA Directorate of Standards and Guidance; 
telephone: (202) 693-2222; fax: (202) 693-1663; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Copies of this Federal Register notice: Electronic copies are 
available at http://www.regulations.gov. This Federal Register notice, 
as well as news releases and other relevant information, also are 
available at OSHA's web page at http://www.osha.gov.
    References and Exhibits: Documents referenced by OSHA in this RFI, 
other than OSHA standards and Federal Register notices, are in Docket 
No. OSHA-2018-0008 (powered industrial trucks; request for 
information). The docket is available at http://www.regulations.gov, 
the Federal

[[Page 8634]]

eRulemaking Portal. For additional information on submitting items to, 
or accessing items in, the docket, please refer to the ADDRESSES 
section of this RFI. While most exhibits are available at http://www.regulations.gov, some information (e.g., copyrighted material) is 
not available to download from that web page. However, all materials in 
the docket are available for inspection at the OSHA Docket Office.

Table of Contents

I. Background
    A. Introduction
    B. Fatality and Injury Data
    C. Regulatory History
    1. General Industry
    2. Shipyards, Longshoring, and Marine Cargo Handling
    3. Construction
II. Request for Information, Data, and Comments
    A. General Issues
    1. Types of Powered Industrial Trucks
    2. Truck Operation, Maintenance, and Training
    3. Incidents and Injuries
    4. Consistency Among OSHA Standards
    B. Consensus Standards
    1. American National Standards Institute
    2. National Fire Protection Association
    3. Other Standards
    C. Compliance Issues
    D. Economic Issues
    E. Other Comments/Suggestions/Concerns

I. Background

A. Introduction

    OSHA is considering whether or not to initiate rulemaking to revise 
the powered industrial trucks standards for general, maritime, and 
construction industries (29 CFR 1910.178, 1915.120, 1917.43, 1918.65, 
and 1926.602(c), (d)). These regulations, promulgated in 1971 and 
updated in 1998, are intended to protect operators of these trucks and 
their coworkers. In this RFI, OSHA is seeking public comments that will 
inform OSHA on potential updates to the powered industrial trucks 
standards. The term ``powered industrial truck'' includes what are 
commonly termed forklifts, but the term also includes all fork trucks, 
tractors, platform lift trucks, motorized hand trucks, and other 
specialized industrial trucks powered by an electric motor or an 
internal combustion engine. The aim of this RFI is to seek public 
comment on what aspects of the powered industrial trucks standards are 
effective as well as those that may be outdated, inefficient, 
unnecessary, or overly burdensome, and how those provisions might be 
repealed, replaced, or modified while maintaining or improving worker 
safety.
    OSHA's powered industrial trucks standards contain requirements for 
machine design and construction, locations of use, maintenance, 
training, and operations, among other requirements. OSHA initially 
adopted the powered industrial trucks standard (29 CFR 1910.178) on May 
29, 1971 (36 FR 10613), pursuant to section 6(a) of the Occupational 
Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 655),\1\ based 
on the 1969 editions of the American National Standards Institute's 
(ANSI) Safety Standard for Powered Industrial Trucks, B56.1, and the 
National Fire Protection Association's (NFPA) standard for Type 
Designation, Areas of Use, Maintenance and Operation of Powered 
Industrial Trucks, NFPA 505. Since the promulgation of OSHA's powered 
industrial trucks standard in 1971, these national consensus standards 
have been updated a number of times. The most recent edition of ANSI 
B56.1 was issued in 2018, in conjunction with the Industrial Truck 
Standards Development Foundation (ITSDF) (OSHA-2018-0008-0002). The 
most recent edition of NFPA 505 was issued in 2018 (OSHA-2018-0008-
0003). OSHA has updated the powered industrial trucks standards only 
once, on December 1, 1998 (63 FR 66270), to revise the requirements for 
operator training codified at Sec.  1910.178(l) and to include 
references to Sec.  1910.178(l) in the standards for shipyards, marine 
terminals, longshoring, and construction (Sec. Sec.  1910.16, 1915.120, 
1917.1, 1918.1, and 1926.602(d)).\2\
---------------------------------------------------------------------------

    \1\ Section 6(a) directed OSHA, during the first two years after 
the OSH Act became effective, to promulgate as an occupational 
safety and health standard any national consensus standard or any 
established Federal standard if such promulgation would improve 
employee safety or health.
    \2\ See Docket OSHA-S008-2006-0639.
---------------------------------------------------------------------------

    ANSI B56.1 defines the safety requirements relating to the elements 
of design, operation, and maintenance of powered industrial trucks. 
This national consensus standard has two basic parts. The first part 
establishes manufacturer requirements to ensure hazards do not result 
from the design and construction of powered industrial trucks at the 
time of manufacture. This includes a variety of test methods to 
determine load-handling capacity, which must also be indicated through 
appropriate markings. When OSHA originally promulgated the powered 
industrial trucks standard, the agency incorporated by reference the 
design requirements section of ANSI B56.1-1969.
    The second part of B56.1 establishes guidelines for operators of 
industrial trucks, including requirements for operator qualifications 
and training, operator safety rules, and maintenance practices. 
Although OSHA did not incorporate by reference the ANSI B56.1-1969 user 
requirements in its powered industrial trucks standard, OSHA did base 
some of the provisions on this part of the ANSI standard. Throughout 
the years, ANSI/ITSDF has added other requirements to improve the 
safety of industrial truck operators and other employees. Examples of 
additions to the user requirements in B56.1 include:
     A requirement that operator training programs cover 
hazards from carbon monoxide production by internal combustion engines 
and common initial symptoms of exposure.
     A requirement that, prior to working on engine fuel 
systems of liquefied petroleum (LP) gas-powered trucks with engines 
that will not run, users must close the LP tank and vent fuel slowly in 
a non-hazardous area.
     A requirement for stopping distances when descending 
grades. This section states that when descending a grade, required 
stopping distances must be greater and methods must be employed to 
allow for this condition. Such methods include: Reducing speed, 
limiting loads, and allowing for adequate clear space at the bottom of 
the grade.
     A requirement to consider noise exposure of personnel in 
the work area.
     A requirement regarding relocation of powered industrial 
trucks. This section states that when using lifting equipment such as 
elevators, cranes, ship hoisting gear, to relocate a powered industrial 
truck, the user shall ensure that the capacity of the hoisting 
equipment being used is not exceeded.
    The NFPA 505 standard contains fire safety guidelines for powered 
industrial trucks including type designations, areas of use, 
conversions, maintenance, and operations. This standard is designed to 
mitigate potential fire and explosion hazards involving powered 
industrial trucks, including fork trucks, tractors, platform lift 
trucks, motorized hand trucks, and other specialized industrial trucks 
powered by electric motors or internal combustion engines.
    When OSHA adopted the powered industrial trucks standard in 1971, 
there were 11 designated types of trucks.\3\

[[Page 8635]]

NFPA has since listed an additional eight truck types: CGH, CN, CNS, 
DX, G/CN, G/LP, GS/CNS, and GS/LPS.\4\ These are not listed in OSHA's 
standard. NFPA first added type designations G/LP and GS/LPS, which are 
both dual-fuel type trucks that operate on gasoline and/or liquefied 
petroleum gas. NFPA next added new truck type designation DX, which is 
a diesel-powered unit that is constructed to allow it to be used in 
atmospheres that contain specifically named flammable vapors, dust, and 
fibers. NFPA added a new section on compressed natural gas (CNG) that 
included the addition of type designations CN, CNS, G/CN, and GS/CNS, 
and made changes to the fuel handling and storage chapters for these 
trucks, as well as for the dual fuel and converted trucks. NFPA's most 
recent type designation is a compressed hydrogen-powered unit (CGH).
---------------------------------------------------------------------------

    \3\ These 11 designations represent the following truck types: 
D-Diesel-powered unit; DS-Diesel-powered unit with additional 
safeguards to exhaust, fuel and electrical systems; DY-Diesel-
powered unit with safe guards of DS unit and do not have any 
electrical equipment including the ignition system and have 
temperature limiting features; E-Electrically powered unit; ES-
Electrical powered unit with additional safeguards to electrical 
systems to prevent hazardous sparks and limit surface temperatures; 
EE-Electrical powered unit with safeguards of ES units and all 
electric motors and electrical equipment enclosed; EX-Electrical 
powered unit that differs from E, ES and EE units that allows it to 
be used in certain atmospheres containing flammable vapors and dust; 
G-Gasoline powered unit; GS-Gasoline powered unit with additional 
safeguards to exhaust, fuel and electrical systems; LP-Liquefied 
Petroleum powered unit; LPS-Liquefied Petroleum powered unit with 
additional safeguards to exhaust, fuel and electrical systems.
    \4\ These eight designations are: CGH-Compressed hydrogen-
powered unit utilizing a fuel cell that has minimum acceptable 
safeguards against inherent fire and electrical shock hazards; CN-
Compressed natural gas-powered unit that has minimum acceptable 
safeguards against inherent fire hazards; CNS-Compressed natural 
gas-powered unit that, in addition to meeting the requirements for 
Type CN units, is provided with additional safeguards to the 
exhaust, fuel, and electric systems; DX-Diesel-powered unit in which 
the diesel engine and the electric fittings and equipment are 
designed, constructed, and assembled in such a way that the unit can 
be used in atmospheres that contain specifically named flammable 
vapors, dusts, and, under certain conditions, fibers; G/CN-Gasoline 
or compressed natural gas unit that has minimum acceptable 
safeguards against inherent fire hazards; G/LP-Gasoline or liquefied 
petroleum gas and has minimum acceptable safeguards against inherent 
fire hazards; GS/CNS-Gasoline or compressed natural gas unit and, in 
addition to meeting all the requirements for G/CN units, is provided 
with additional safeguards to the exhaust, fuel, and electric 
systems; GS/LPS-Gasoline or liquefied petroleum gas unit and, in 
addition to meeting all the requirements for the G/LP units, is 
provided with additional safeguards to the exhaust, fuel, and 
electric systems.
---------------------------------------------------------------------------

    These eight type-designated units--CGH, CN, CNS, DX, G/CN, G/LP, 
GS/CNS, GS/LPS--have different requirements for safe operation, 
maintenance, and handling due to their fuel source, but they are 
generally the same in design and function as the 11 truck types 
currently listed in OSHA's standard. For instance, the chapter in NFPA 
505 for fuel handling and storage prohibits over-pressurizing fuel 
cylinders and requires that pressure relief devices be free of plugging 
and maintained in good operating condition; these requirements are not 
reflected in OSHA's current standard.
    OSHA requests information from the public on the powered industrial 
trucks standards to help the agency determine how to best protect 
employees who use powered industrial trucks and eliminate unnecessary 
burdens. OSHA is seeking public comments on whether and how the powered 
industrial trucks standards should be amended.

B. Fatality and Injury Data

    Statistics show that, in some instances, powered industrial trucks 
cause worker fatalities and injuries. Accordingly, OSHA is considering 
ways to maintain or improve worker safety while modernizing its 
standards and reducing any overly-burdensome requirements.
    Data from the Bureau of Labor Statistics (BLS) (OSHA-2018-0008-
0004) for the years 2011 through 2016 indicate a total of 1,357 
fatalities resulting from the use of powered material hauling and 
transport industrial vehicles and tractors. As shown in Table 1, the 
annual number of fatalities ranged from 218 to 241, with an annual 
average of 226 fatalities. The data show that the majority of these 
fatalities, 1,169 (89 percent), occurred in five industry sectors: 
Agriculture, forestry, fishing, and hunting (788); manufacturing (126); 
construction (94); wholesale trade (83); and transportation and 
warehousing (78). Nearly all the fatalities, 1,316 (97 percent), 
occurred during the use of powered forklifts, order pickers, platform 
trucks, tractors, and power take-offs.
    With respect to injury data, BLS reports that, for the three most 
recent years with complete results from the BLS surveillance system 
(2014-2016), lost-workday injuries resulting from incidents associated 
with powered industrial forklifts, trucks, and tractors ranged from 
11,790 cases (2016) to 11,940 cases (2015) and averaged 11,857 
cases.\5\ Over 90 percent of cases during this three-year period 
involved powered industrial material hauling and transport vehicles. 
The remainder involved tractors and power take-offs.
---------------------------------------------------------------------------

    \5\ US Dept. of Labor, Bureau of Labor Statistics, Nonfatal 
cases involving days away from work: Selected characteristics (2011 
forward), 2011-2016, https://www.bls.gov/iif/ (accessed January 23, 
2018).
---------------------------------------------------------------------------

    OSHA's data from the Severe Injury Reports (SIRs) mirror that of 
BLS. The SIRs recorded 1,238 incidents from January 1, 2015, through 
February 28, 2017, resulting in 1,123 hospitalizations and 193 
amputations. Approximately 97 percent of the 1,238 incidents involved 
powered forklifts, order pickers, platform trucks, pallet jacks, 
airport utility vehicles, and other powered industrial material hauling 
and transport vehicles, not elsewhere classified, while the remainder 
involved tractors and power take-offs.\6\
---------------------------------------------------------------------------

    \6\ U.S. Dept. of Labor, Occupational Safety and Health 
Administration, Severe Injury Reports, https://www.osha.gov/severeinjury/index.html (accessed January 18, 2018).
---------------------------------------------------------------------------

BILLING CODE 4510-26-P

[[Page 8636]]

[GRAPHIC] [TIFF OMITTED] TP11MR19.025


[[Page 8637]]


[GRAPHIC] [TIFF OMITTED] TP11MR19.026


[[Page 8638]]


BILLING CODE 4510-26-C

C. Regulatory History

1. General Industry
    As previously noted, in June 1971, OSHA adopted the powered 
industrial trucks standard, 29 CFR 1910.178, implementing several 
measures to encourage worker safety. As part of that rulemaking, and 
under section 6(a) of the Act, OSHA codified ANSI B56.1-1969, Safety 
Standard for Powered Industrial Trucks, including the provisions 
covering operator training.
    On December 1, 1998 (63 FR 66270), after notice and comment 
rulemaking, OSHA published a final rule updating the provisions 
covering powered industrial truck operator training, which was codified 
at 29 CFR 1910.178(l). These provisions mandate a training program that 
bases the amount and type of training required on the operator's prior 
knowledge and skill; the types of powered industrial trucks the 
operator will operate in the workplace; the hazards present in the 
workplace; and the operator's demonstrated ability to operate a powered 
industrial truck safely. Refresher training is required if the operator 
is involved in an accident or a near-miss incident; the operator has 
been observed operating the vehicle in an unsafe manner; the operator 
has been determined during an evaluation to need additional training; 
there are changes in the workplace that could affect safe operation of 
the truck; or the operator is assigned to operate a different type of 
truck. Evaluations of each operator's performance are required as part 
of the initial and refresher training and each operator's performance 
must be evaluated at least once every three years. These training 
requirements apply to all industries (general industry, construction, 
shipyards, marine terminals, and longshoring operations) that use 
powered industrial trucks, except agricultural operations.
    Since the 1998 final rule on powered industrial truck operator 
training, OSHA has not revised the general industry powered industrial 
truck requirements or updated references to the national industry 
consensus standard (B56.1) to include newer versions of that standard.
2. Shipyards, Longshoring, and Marine Cargo Handling
    In 1974, pursuant to Section 41 of the Longshore and Harbor 
Workers' Compensation Act, the Secretary issued the existing shipyards 
and longshoring regulations (39 FR 22074, June 19, 1974). These 
regulations appear at 29 CFR part 1915 for shipyards and 29 CFR part 
1918 for longshoring. Because the OSH Act comprehensively covers most 
private employers, the longshoring standards also were applied to 
shoreside cargo handling operations (i.e. marine terminal operations) 
at 29 CFR part 1917. In addition, in accordance with 29 CFR 
1910.5(c)(2), OSHA applied the general industry standards to shoreside 
activities not covered by the older longshoring rules. Under section 
1910.5(c)(2), a general industry standard covering a hazardous 
condition applies to shoreside activities not covered by a specific 
standard addressing that hazard. Shipyards are covered by the general 
industry standard.
    On July 5, 1983 (48 FR 30886), OSHA published the final standard 
for marine terminals (29 CFR part 1917). This rule was intended to 
further address the shoreside segment of marine cargo handling (29 CFR 
1917.27). The marine terminals standard includes requirements for 
powered industrial trucks at 29 CFR 1917.43.
    On July 25, 1997, OSHA published a final rule revising the marine 
terminals standard (29 CFR part 1917) and the longshoring standard (29 
CFR part 1918), and improving the training requirements for powered 
industrial truck operators in the marine cargo handling industries (62 
FR 40142). Then, on December 1, 1998 (63 FR 66238), OSHA adopted a 
final rule for shipyard employment (29 CFR 1915.120), Powered 
Industrial Truck Operator Training, which set forth training 
requirements applicable to shipyard employment identical to the 
requirements in the general industry powered industrial truck training 
standard at 29 CFR 1910.178(l).
3. Construction
    In 1971, under section 6(a) of the OSH Act, the Secretary of Labor 
adopted the existing Federal standards that had been issued under the 
Contract Work Hours and Safety Standards Act as OSHA construction 
standards (36 FR 7340, April 17, 1971). The provisions pertaining to 
powered industrial trucks used in construction are contained at 29 CFR 
1926.602(c). Paragraph 1926.602(c)(1)(vi) states:

    All industrial trucks in use shall meet the applicable 
requirements of design, construction, stability, inspection, 
testing, maintenance, and operation, as defined in American National 
Standards Institute B56.1-1969, Safety Standards for Powered 
Industrial Trucks.

    Thus, by incorporating by reference the same 1969 ANSI standard 
that was the source document for the general industry standard at 29 
CFR 1910.178, the powered industrial truck construction standard 
imposes the identical powered industrial truck requirements on the 
construction industry as applied to general industry.
    On December 1, 1998, 29 CFR part 1926 was amended by adding a new 
paragraph (d), which provides the same powered industrial truck 
operator training requirements for construction work as adopted at 29 
CFR 1910.178(l) for general industry.

II. Request for Information, Data, and Comments

    OSHA is seeking information, data, and comments (information), 
including information on anticipated costs, cost savings, and benefits 
related to the questions below, that will inform the agency's analysis 
of technological and economic feasibility and will help determine what 
action, if any, should be taken to repeal, replace or modify outdated, 
unnecessary or overly burdensome aspects of the powered industrial 
trucks standard while maintaining or improving worker safety. OSHA is 
providing the following questions to facilitate responses to this RFI, 
but commenters may supply other information pertaining to the RFI not 
explicitly solicited by the questions. When responding, please 
reference the specific question number that you are responding to, 
provide a detailed response, explain the reasons behind your views, 
and, if possible, identify, and provide relevant information on which 
you rely, including, but not limited to, data, studies, and articles. 
Throughout this RFI, OSHA requests economic data on issues such as 
current practices and compliance resource expenditures. In your 
response, please provide details on your establishment including number 
of employees and categories of employee occupations; industry 
identification (by North American Industrial Classification System 6-
digit code if available); and the primary types of goods or services 
produced by your company. This information will help OSHA develop a 
more accurate analysis of the impacts of any potential rule. OSHA will 
carefully review and evaluate the information, data, and comments 
received in response to this Federal Register notice to decide on an 
appropriate course of action.

A. General Issues

1. Types of Powered Industrial Trucks
    OSHA's current powered industrial trucks standards list 11 
different types of powered industrial trucks, while NFPA 505-2018 lists 
19 different types of powered industrial trucks (the ANSI B56.1 
standard does not list types of

[[Page 8639]]

powered industrial trucks). OSHA is considering adding these eight new 
truck types to modernize its standard and improve worker safety. The 
eight new truck types not currently listed in OSHA's powered industrial 
trucks standards are:
     CGH: Compressed hydrogen-powered unit utilizing a fuel 
cell that has minimum acceptable safeguards against inherent fire and 
electrical shock hazards.
     CN: Compressed natural gas-powered unit that has minimum 
acceptable safeguards against inherent fire hazards.
     CNS: Compressed natural gas-powered unit that, in addition 
to meeting the requirements for Type CN units, is provided with 
additional safeguards to the exhaust, fuel, and electric systems;
     DX: Diesel-powered unit in which the diesel engine and the 
electric fittings and equipment are designed, constructed, and 
assembled in such a way that the unit can be used in atmospheres that 
contain specifically named flammable vapors, dusts, and, under certain 
conditions, fibers.
     G/CN: Gasoline or compressed natural gas unit that has 
minimum acceptable safeguards against inherent fire hazards.
     G/LP: Gasoline or liquefied petroleum gas unit that has 
minimum acceptable safeguards against inherent fire hazards;
     GS/CNS: Gasoline or compressed natural gas unit and, in 
addition to meeting all the requirements for G/CN units, is provided 
with additional safeguards to the exhaust, fuel, and electric systems.
     GS/LPS: Gasoline or liquefied petroleum gas unit and, in 
addition to meeting all the requirements for the G/LP units, is 
provided with additional safeguards to the exhaust, fuel, and electric 
systems.
    (a) Please provide OSHA with data on characteristics such as usage, 
specifications, capacity, function, ages, and lifespans of trucks in 
your fleet for the 19 truck types listed in the NFPA standard. Please 
include information on the number of each type of truck you use, the 
number of employees assigned to operate these trucks, and for what 
activities each type of truck is used.
    (b) In addition to these 19 truck types, should OSHA consider 
including any other types of powered industrial trucks in a future OSHA 
standard? What would be the basis for inclusions, given that those 
types are not currently in NFPA 505-2018?
    (c) How commonly used are the eight powered industrial truck types 
identified in NFPA 505-2018 but not in OSHA's current standard?
    (d) In the Supporting Statement for the 2017 Information Collection 
Request of the standard on powered industrial trucks (29 CFR 1910.178) 
(Office of Management and Budget (OMB) Control No. 1218-0242 (September 
2017)), OSHA estimated that 1.8 million workers operate 1.2 million 
trucks within all affected establishments in construction, general 
industry, longshoring, marine terminals, and shipyards.\7\ Do these 
estimates accurately reflect the current number of workers and trucks 
affected by the standard on powered industrial trucks in general 
industry (29 CFR 1910.178)? If not, should the number of workers and 
trucks be adjusted up or down and by how much?
---------------------------------------------------------------------------

    \7\ Docket Exhibit OSHA-2011-0062-0009, Document ID 0009, p. 5, 
https://www.regulations.gov/document?D=OSHA-2011-0062-0009. As 
reported in that document (2017 ICR supporting statement), ``In 
1998, OSHA published a final rule in which it revised the operator 
training requirements specified by paragraph (l) of the Standard 
(see 63 FR 66238). As part of this rulemaking, the agency performed 
a Final Economic Analysis (FEA) (see 63 FR 66262). Using data from 
the FEA for the burden hour and cost estimates described below, OSHA 
finds that the Standard applies to employers using an estimated 
1,210,679 powered industrial trucks operated by about 1,816,018 
workers.''
---------------------------------------------------------------------------

2. Truck Operations, Maintenance, and Training
    (a) Do you perform training in-house or contract out to 
specialists?
    (b) If you provide training in-house, do you purchase training 
modules or develop your own?
    (c) Who actually provides the training (e.g., supervisor, safety 
and health specialist)?
    (d) Is your current training limited to truck operations and 
maintenance or do you manage a broad occupational safety and health 
training program that includes training on trucks? For all of your 
workplace safety and health training programs, please provide details 
on length, frequency, scope, and types of technical resources deployed 
(e.g., DVDs, online courses, hands-on training, computer simulation or 
robotics).
    (e) Are OSHA's current training requirements adequate or excessive? 
If not adequate, what modifications or additional requirements should 
OSHA consider? If excessive, what requirements are unnecessary or 
overly burdensome?
    (f) Does your workplace have a training program that you think is 
more effective than that required by the OSHA standard?
    (g) Please share the aspects of the program in your workplace that 
you recommend OSHA consider and provide any data to support its 
effectiveness.
    (h) Are you using any powered industrial truck aftermarket 
equipment, such as a back-up camera or perimeter sensor alarm? Is such 
equipment effective in reducing accidents?
    (i) What number or percentage of powered industrial trucks in use 
have rollover protection or enclosures?
    (j) Can powered industrial trucks without rollover protection be 
retrofitted? If so, how, and what is your estimate of that cost?
    (k) How often do you inspect your powered industrial trucks? Please 
describe your inspection procedures and provide any checklists that are 
used.
3. Incidents and Injuries
    (a) What are the most common types of workplace incidents and 
injuries involving powered industrial trucks that have occurred in your 
facility or industry (e.g., rollovers, struck by, falling off docks)?
    (b) What are the most common causes of hazardous incidents 
involving powered industrial trucks (please specify those factors)? 
Please provide case reports, redacted data, or aggregated data, and 
information quantifying and describing such incidents.
    (c) Which activities involving powered industrial trucks result in 
the most incidents (e.g., loading, unloading, traveling, backing up)?
    (d) Do more incidents occur with older equipment? If so, please 
provide detailed information on why the older equipment is more 
hazardous.
    (e) Do incidents vary by type of industrial truck, and if so, how?
4. Consistency Among OSHA Standards
    (a) If OSHA determines that it is necessary to revise the general 
industry standard, how should the agency consider revising the maritime 
and construction powered industrial trucks standards?
    (b) Should OSHA's maritime and construction standards be identical 
or, at least, substantially similar to the general industry standard?
    (c) Are there differences specific to the maritime and construction 
industries that should be addressed through different requirements?

[[Page 8640]]

B. Consensus Standards

1. American National Standards Institute
    As previously stated, OSHA's standards addressing powered 
industrial trucks reference ANSI B56.1, developed in 1969. However, 
this consensus standard has been updated several times since then with 
the latest version published in 2018 (ANSI/ITSDF B56.1a).
    (a) Do the requirements in the 2018 edition of ANSI/ITSDF B56.1a 
adequately protect workers operating powered industrial trucks?
    (b) What requirements, if any, are missing from this ANSI standard 
that would ensure safety for employees during powered industrial truck 
operations?
    (c) Does compliance with ANSI/ITSDF B56.1a-2018 address most 
hazards commonly encountered with powered industrial trucks and is it 
better or preferable than the existing OSHA regulation? Please explain.
    (d) Are there any hazards not addressed by ANSI/ITSDF B56.1a-2018?
    (e) Are there any requirements in ANSI/ITSDF B56.1a-2018 that 
reduce worker safety?
2. National Fire Protection Association
    The National Fire Protection Association standard (NFPA 505-2018) 
is the fire safety standard for powered industrial trucks and covers 
truck types, designations, areas of use, maintenance, and operation of 
powered industrial trucks.
    (a) Does compliance with the NFPA standard ensure that workers are 
protected from hazards associated with the operation of powered 
industrial trucks, or are there additional procedures OSHA should 
consider?
    (b) Are employers currently in compliance with this consensus 
standard? If not, what provisions are employers not following? Why?
3. Other Standards
    Are there other standards OSHA should consider or use if the agency 
determines it is necessary to revise its powered industrial trucks 
standards?

C. Compliance Issues

    (a) If OSHA decides to revise the standards based on the most 
recent ANSI and NFPA standards, what requirements, if any, in ANSI/
ITSDF B56.1a-2018 and NFPA 505-2018 would make it difficult or 
impossible for older equipment to be in compliance?
    (b) If OSHA revises the standards on powered industrial trucks, 
should OSHA consider grandfathering in powered industrial trucks 
manufactured before a certain date and, if so, what date would that be? 
Please provide your reasoning for that date.
    (c) Would it be appropriate for grandfathering dates to vary for 
different types of truck?
    (d) If OSHA decides to consider grandfathering older equipment, is 
there a future date OSHA should set beyond which the ``grandfathered'' 
clause (or safe harbor) should not apply?
    (e) How many older powered industrial trucks are you using? What 
type of trucks are these and what do you use them for?
    (f) How many powered industrial trucks do you use that do not have 
seat belts?
    (g) Can any of these trucks be retrofitted with seat belts? If so, 
how, and what is your estimate of that cost?
    (h) What is the average life span of a powered industrial truck?

D. Economic Issues

    (a) Please describe in detail any provision of the current standard 
that you believe is outdated, unnecessary, or ineffective; or imposes 
costs that exceed benefits. Please provide information supporting your 
view, including data, studies, and articles.
    (b) To what extent do employers already comply with the current 
ANSI consensus standard (ANSI/ITSDF B56.1a-2018)? Are there situations 
where equipment could be easily retrofitted to meet the requirements 
contained in the revised consensus standard ANSI/ITSDF B56.1a-2018? 
Please include information on the type of vehicle and modifications 
necessary, including how much time is required to perform the 
retrofitting, the type of worker who could do the retrofitting, and the 
cost of equipment needed for the vehicle modification or the cost to 
contract out the work.
    (c) What are the baseline practices in your industry with respect 
to complying with the provisions of consensus standards relating to 
training, operation, maintenance, or work practices?
    (d) Is there older equipment that cannot be updated without 
significant cost, and what factors would contribute to the costs of 
retrofitting or augmenting older equipment to achieve compliance with 
ANSI/ITSDF B56.1a-2018? Please specify the types of costs (i.e., labor, 
materials, equipment, and consultant fees) that affected employers 
would incur to comply with ANSI/ITSDF B56.1a-2018 and the costs per 
unit (e.g., worker, machinery, energy). If a new OSHA standard required 
changes that applied to older powered industrial trucks, at what cost 
of compliance expense would it be more cost effective simply to replace 
older trucks with newer ones?
    (e) If OSHA incorporated the requirements of NFPA 505-2018 into its 
standards and applied it to older powered industrial trucks, would 
employers retrofit or augment their older trucks, or replace them with 
already-compliant trucks?
    (f) Are there particular impacts on small entities from a revision 
to the powered industrial trucks standards that references current 
consensus standards, including ANSI/ITSDF B56.1a--2018?
    (g) Would small entities face economic or technological feasibility 
challenges to comply with revised standards that reference current 
consensus standards?
    (h) Do you identify as a small entity in your industry? If so, what 
is the basis for that identification (for example, reliance on Small 
Business Administration size standards)? If you are uncertain as to 
your qualifications as a small entity, please provide details on your 
establishment size in terms of number of employees and categories of 
employee occupations; industry identification (by North American 
Industrial Classification System 6-digit code, if available); and the 
primary types of goods or services produced by your company.
    (i) Please describe in detail the technical or financial concerns 
that employers encounter when implementing or planning the 
implementation of safety programs for powered industrial trucks.
    (l) OSHA requests comments, particularly from small entities, on 
current practices with respect to safe handling and operation of 
powered industrial trucks. Please identify the practices that are 
critical to safe handling and operation of powered industrial trucks 
(i.e., those practices whose absence would significantly compromise the 
safety of employees). Please discuss the role of employee training in 
your safety programs involving powered industrial trucks and the 
perceived benefits of employee training. Where possible, please 
estimate the cost per employee for any component of your safety 
programs involving powered industrial trucks.

E. Other Comments/Suggestions/Concerns

    OSHA invites interested persons--including employers, trade 
associations, workers, worker organizations, and public health and 
safety organizations--to submit information, comments, data, studies, 
and other materials on the

[[Page 8641]]

issues and questions in this RFI. In particular, OSHA invites comment 
on specific issues and requests information and data about practices at 
affected establishments in general industry, construction, shipyard 
employment, and marine cargo handling. When submitting comments in 
response to questions or issues raised or revisions that OSHA is 
considering, OSHA requests that you explain your rationale and, if 
possible, provide data and information to support your comments and 
recommendations.

Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this notice pursuant 
to 29 U.S.C. 653,655, and 657, Secretary's Order 1-2012 (77 FR 3912; 
Jan. 25, 2012), and 29 CFR part 1911.

    Signed at Washington, DC, on March 5, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-04338 Filed 3-8-19; 8:45 am]
BILLING CODE 4510-26-P