Thursday, November 12, 2015

Prohibition against young workers operating forklifts

Safety and Health Information Bulletin

This Safety and Health Information Bulletin is not a standard or regulation, and it creates no new legal obligations. The Bulletin is advisory in nature, informational in content, and is intended to assist employers in providing a safe and healthful workplace. Pursuant to the Occupational Safety and Health Act, employers must comply with hazard-specific safety and health standards and regulations promulgated by OSHA or by a state with an OSHA-approved state plan. In addition, pursuant to Section 5(a)(1), the General Duty Clause of the Act, employers must provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Purpose

The purpose of this Safety and Health Information Bulletin is:
  1. To inform employers that youth employment regulations (29 CFR 570) promulgated under the Fair Labor Standards Act prohibit most employees under the age of 18 years from operating forklifts for non-agricultural operations;1
  2. To remind employers that all forklift operators who are 18 years old or older must be trained and certified as competent to operate forklifts; and
  3. To identify additional resources for employers to ensure a safe and healthful workplace for all workers.

Background

The Directorate of Science, Technology and Medicine was informed by the Atlanta OSHA Regional Office, the Boston OSHA Regional Office, and the Wage Hour Division (WHD) of the Employment Standards Administration (ESA) of two recent, fatal forklift accidents involving underage operators that occurred in warehouses in Georgia and Massachusetts. Both accidents involved operators under 18 years of age. Given the significant number of young workers employed, especially during the summer months, OSHA and WHD believe that it is important to remind all employers of the regulations that prohibit workers under 18 years of age from operating specified hazardous machines and equipment, including forklift trucks in non-agricultural operations.

Accident Descriptions

Massachusetts Accident
The forklift operator was a 16-year-old male hired as a summer helper to label bins and move stock by hand around the warehouse.
The warehouse has a forklift, and it was common practice to leave the forklift's operating key in the ignition switch when the forklift was not being operated. Prior to the accident, the victim was observed operating the forklift several times, most recently on the morning of the accident. He was advised several times by a number of employees not to operate the forklift.
The victim was not trained nor was he certified as competent to operate the forklift.
There were no witnesses to the accident. However, it is believed that the victim boarded the forklift, without putting on the seatbelt, raised the forks with an empty pallet to a height of approximately 10 feet, and drove down the left side of the loading dock ramp. The ramp slopes away from the building at an angle of approximately 33 degrees on the left side near the street level (Figure 1).Figure 1 - Demonstrates a slope of approximately 33 degrees from the wall of building
Figure 1 - Demonstrates a slope of approximately 33 degrees from the wall of building
There was a stack of empty pallets across the bottom of the ramp, and it appears that the victim was attempting to place the empty pallet on top of the stack before the close of business. With the forks raised to a height of approximately 10 feet on a 33 degree slope, the forklift's center of gravity may have shifted, creating an unstable condition and causing the forklift to topple sideways (Figure 2). Refer to 29 CFR 1910.178 Appendix A, for further discussion concerning stability of powered industrial trucks. The victim was crushed under the truck.Figure 2 - Forklift toppled sideways
Figure 2 - Forklift toppled sideways
Georgia Accident
A foreman's 15 year-old step-son was killed while the youth was operating a forklift at the warehouse.
The victim was being shown how to operate the forklift and was practicing picking up and moving empty pallets. He had just unloaded a pallet in the warehouse and had picked the empty pallet off the floor when he lost control of the forklift. The police investigator stated that the forklift "suddenly went backward, crashing open a closed loading bay door and drop[ping] four feet to the ground. The victim fell off [the forklift,] and the forklift landed on top of him." The victim was pinned to the ground and sustained massive chest injuries.

The Fair Labor Standards Act

Regulations promulgated pursuant to the Fair Labor Standards Act prohibit individuals younger than 18 years of age from engaging in specified hazardous occupational activities. 29 CFR 570.58 -Occupations involved in the operation of power-driven hoisting apparatus (Order 7), paragraph (a) (5), specifically prohibits employees under 18 years of age from operating forklifts in non-agricultural employment.
Additional orders promulgated pursuant to the Fair Labor Standards Act prohibit operation of other machines that are hazardous to workers under 18 years of age. These orders include:
  • Order 2, driving a motor vehicle and being an outside helper on a motor vehicle;
  • Order 5, operation of power-driven wood-working machines;
  • Order 8, operation of power-driven metal forming, punching, and shearing machines;
  • Order 10, operation of power-driven meat- processing machines, including meat slicers;
  • Order 11, operation of bakery machines;
  • Order 12, operation of paper-products machines; and
  • Order 14, operation of circular saws, band saws, and guillotine shears.
A complete list of occupational activities deemed to be unsafe for employees between 16 and 18 years of age can be found at: http://www.dol.gov/esa/regs/compliance/whd/whdfs43.htm.

OSHA Powered Industrial Truck Standard, 29 CFR 1910.178

OSHA's standard for powered industrial trucks, 29 CFR 1910.178, contains requirements for powered industrial truck design and construction, operator training, truck operations, and maintenance.
29 CFR 1910.178(l) requires that "[t]he employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation." This standard also contains requirements regarding: training program content and implementation, refresher training and evaluation, avoidance of duplicative training, and certification.
WHD sticker - No operators under 18 years of age

Other Information

In May 2002, the Secretary of the Department of Labor, Elaine Chao, launched the YouthRules! Initiative to increase public awareness of Federal and State rules concerning young workers. The YouthRules! web page is a gateway providing quick access to information about Federal and State labor laws that apply to young workers. The web page includes information designed to educate teens, parents, educators, and employers concerning the hours youth can work, the jobs youth can do, and how to prevent workplace illnesses and injuries. The web page contains a link to the Fair Labor Standards Act Advisor on "Prohibited Occupations for Non-Agricultural Employees" which includes the prohibited occupations for 14- and 15-year-old youth workers, as well as a list of hazardous occupations, which are prohibited for workers under 18 years of age. Another link of the Advisor, "Prohibited Occupations for Agricultural Employees" includes the prohibited agricultural occupations for youth younger than 12, 12- or 13-year-old workers, and 14- or 15- year-old workers.
OSHA also has a webpage for young workers, http://www.osha.gov/SLTC/teenworkers/index.html, which contains occupational safety and health information relevant to young workers.
In 2002, the Wage and Hour Division of the Employment Standards Administration initiated a "STOP" sticker program. As part of that program, WHD developed a sticker that can be applied to forklifts to provide a warning regarding the prohibition against workers under 18 years of age operating a forklift. http://youthrules.dol.gov/posters.htm

Conclusions

Employers have the responsibility to comply with 29 CFR 1910.178 in order to ensure the safe operation of powered industrial trucks at their facility. In addition, since Order 7 of Hazardous Occupations prohibits employees under 18 years of age from operating forklifts, employers must make certain that workers under 18 years of age are not permitted to operate forklifts under any circumstances. Employers who employ individuals younger than 18 years of age also must be cognizant of other employment activities prohibited for young workers under the Fair Labor Standards Act. Employers, educators, parents, and young workers all are encouraged to visit the DOL and OSHA web pages for additional information on creating and maintaining compliant, safe and healthful work environments.

Tuesday, October 20, 2015

Forklift Operator Training FAQs

The powered industrial truck operator training requirements apply to all industries where trucks are being used, except agricultural operations.

1. What is the definition of a powered industrial truck?

Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials. Powered industrial trucks can be ridden or controlled by a walking operator. Earth moving and over the road haulage trucks are not included in the definition. Equipment that was designed to move earth but has been modified to accept forks are also not included.

2. What does the standard require?

The standard requires employers to develop and implement a training program based on the general principles of safe truck operation, the types of vehicle(s) being used in the workplace, the hazards of the workplace created by the use of the vehicle(s), and the general safety requirements of the OSHA standard. Trained operators must know how to do the job properly and do it safely as demonstrated by workplace evaluation. Formal (lecture, video, etc.) and practical (demonstration and practical exercises) training must be provided. Employers must also certify that each operator has received the training and evaluate each operator at least once every three years. Prior to operating the truck in the workplace, the employer must evaluate the operator's performance and determine the operator to be competent to operate a powered industrial truck safely. Refresher training is needed whenever an operator demonstrates a deficiency in the safe operation of the truck.

3. Does OSHA provide a list of topics to include in my training program?

Yes. The standard provides a list of training topics; however, the employer may exclude those topics which are not relevant to safe operation at the employee's work location.

4. Who should conduct the training?

All training and evaluation must be conducted by persons with the necessary knowledge, training, and experience to train powered industrial truck operators and evaluate their competence. An example of a qualified trainer would be a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has demonstrated the ability to train and evaluate powered industrial truck operators.

There are many resources available to the employer if he/she chooses not to perform the training himself. Truck manufacturers, local safety and health safety organizations, such as the National Safety Council local chapters, private consultants with expertise in powered industrial trucks, local trade and vocational schools are some available resources.

Various Internet sites are devoted to forklift safety. Private companies who provide forklift safety training services, including videos and written programs, can be located on various Internet websites. Most videos can be either leased or purchased. One important thing to remember is that simply by showing employees a video or videos on some aspect of forklift safety does not meet the full requirements of the OSHA standard. Site specific information must be conveyed as well as a method to evaluate the employee's acquired knowledge subsequent to the training.

5. If my employees receive training from an outside consultant, how will I know that these employees have been adequately trained?

Outside qualified training organizations can provide evidence that the employee has successfully completed the relevant classroom and practical training. However, each employer must ensure that each powered industrial truck operator is competent to operate a truck safely, as demonstrated by the successful completion of the training and evaluation.

6. My employees receive training from the union on the use of powered industrial trucks. Will I have to provide any additional training?

When a worker reports to work, the employer must evaluate the employee to ensure that he/she is knowledgeable about the operation of the powered industrial trucks he/she will be assigned to operate. This evaluation could be as simple as having a person with the requisite skills, knowledge and experience observe the operator performing several typical operations to ensure that the truck is being operated safely and asking the operator a few questions related to the safe operation of the vehicle. If the operator has operated the same type of equipment before in the same type of environment that he/she will be expected to be working, then duplicative or additional training is not required.

7. Is testing required?

No. The standard does not specifically require testing; however, some method of evaluation is necessary.

8. Does OSHA require the employer to issue licenses to employees who have received training?

No. The OSHA standard does not require employees to be licensed. An employer may choose to issue licenses to trained operators.

9. What type of records or documentation must I keep?

The OSHA standard requires that the employer certify that each operator has received the training and has been evaluated. The written certification record must include the name of the operator, the date of the training, the date of the evaluation, and the identify of the person(s) performing the training or evaluation.

10. How long must I keep the certification records?

Employers who evaluate the operator's performance more frequently than every three years may retain the most recent certification record; otherwise, certification records must be maintained for three years.

Tuesday, October 13, 2015

Earth moving equipment and skid steer loaders

March 7, 2000

Ms. Michele C***
Harrisburg, Pennsylvania 17104

Dear Ms. C***:

Thank you for your February 4, 2000 letter to the Occupational Safety and Health Administration's (OSHA's) [Directorate of Enforcement Programs (DEP)]. Your letter has been referred to the [Office of General Industry Enforcement (GIE)] for answers to your questions regarding operator training for powered industrial trucks. Your specific questions have been restated below for clarity.

Question 1.  If a vehicle that is intended primarily for earth moving utilizes removable forks, would the vehicle fall under the Powered Industrial Truck Regulations?

Response.  The preamble to the Final Rule, found on page 66255 of Federal Register Vol. 63, No. 230, clearly states that equipment that was designed to move earth but has been modified to accept forks is not covered by the final rule. Therefore, if your vehicle is designed as earth moving equipment, it would not be considered a powered industrial truck within the scope of §1910.178.

Question 2.  Would a skid steer be considered an earth moving vehicle?

Response.  A skid steer loader designed, manufactured, and used in accordance with Society of Automotive Engineers (SAE) J1057 would be not be considered a powered industrial truck under §1910.178. However, vertical mast skid steer loaders are designed as powered industrial trucks meeting ANSI B56.6 Rough Terrain Forklift Trucks. These skid steers would be considered powered industrial trucks under §1910.178.

Question 3.  Is there a percentage of time that the removable forks must be used on the vehicle to qualify for the Powered Industrial Truck Regulations?

Response.  As stated above, the design of the vehicle is the determining factor, rather than the time of use aspect.

Thursday, October 8, 2015

Compliance Assistance: Settlement Agreement

1. Coverage. This Settlement Agreement addresses the application of 29 CFR 1910.178(l) -- Powered Industrial Truck Operator Training ("the standard") -- to the longshoring and marine terminal industries (SIC 4491). The standard was issued on December 1, 1998 (63 Fed. Reg. 66238) and is made applicable to marine terminals by 29 CFR 1917.1(a)(2)(xiv) and to longshoring by 29 CFR 1918.1(b)(10).
2. Implementation. Within 30 days of the signing of this Settlement Agreement, OSHA shall instruct its regional and area offices to follow the terms of this Settlement Agreement in enforcing the standard with respect to longshoring and marine terminal operations. OSHA shall provide this Settlement Agreement to state plan occupational safety and health agencies and encourage that the states follow its terms.
* * *
3. Compliance Deadline. Employers engaged in longshoring or marine terminal operations shall, as to workers who did not regularly operate a powered industrial truck (PIT) in a marine terminal or longshoring workplace before December 1, 1998, comply with all provisions of the standard, as set forth herein, by June 30, 2001. With respect to workers who regularly operated a PIT in a marine terminal or longshoring workplace before December 1, 1998, employers must comply with all provisions of the standard, as set forth herein, by October 1, 2001. Prior to June 30, 2001 or October 1, 2001, whichever is applicable, if those employers are not in full compliance with 1910.178(l), they must ensure that their powered industrial truck operators are adequately trained as required by 1917.27 for marine terminals and 1918.98 for longshoring.
4. Training, Evaluation and Certification by a Third Party. The person or persons who conduct training, refresher training, evaluations, and certification of operators under 29 CFR 1910.178(l) need not be employed by the employer of those operators. Such third-party training, including appropriate on-the-job training, may be provided by an employers' association, a labor union, a joint labor-management training organization, or any other organization meeting the requirements of the standard.
An employer may rely on a third-party trainer's certification that an employee has been trained and evaluated to operate a particular type of powered industrial truck in accordance with the standard if the training entity presents to the employer -- who shall make it available to OSHA upon request -- verification that the training program conforms to the standard and includes a list of topics covered by the training. When an operator has been certified under the preceding sentence, the employer must provide additional training in any of those topics only when its powered industrial truck operator[s] will be potentially exposed to hazardous workplace-related conditions that could not reasonably have been foreseen when the training took place. Before its employees operate powered industrial trucks under such conditions, the employer shall brief them about the conditions and in how to operate the powered industrial truck safely under those conditions.
* * *
5. Three-Year Evaluations and Certification Records. An employer may comply with the requirement of § 1910.178(l)(4)(iii) that an operator has been evaluated at three-year intervals if it knows that a third party has conducted the required evaluation and the third party certifies the evaluation pursuant to § 1910.178(l)(6). If such evaluations, which can be based on the review of records by an existing entity, such as a joint labor-management committee, are made in the normal course of business, they need not be repeated for purposes of this paragraph.
The certification required by § 1910.178(l)(6) may be performed, and the records of such certification maintained, by a third-party trainer. The certification records must identify the types of equipment on which the operator has been trained and evaluated. Where an employer does not regularly employ the same operators, such as where operators are assigned by a hiring hall, the employer does not need to maintain the records at its own worksite. The employer must, however, know where the records are located, and they must be accessible to an OSHA compliance officer during a workplace inspection.
* * *
6. Avoidance of Duplicative Training of Experienced Operators. An employee who, prior to December 1, 1998, has regularly operated a particular type of PIT in a marine terminal or longshoring operation, which can be determined by an existing entity such as a joint labor-management committee, may be certified under § 1910.178(l)(6) to operate that type of PIT if (a) written documentation establishes that the employee has previously been trained and evaluated in all of the training topics listed in § 1910.178(l)(3) that are applicable to that type of PIT; or (b) the employee's operation of the type of PIT is evaluated under circumstances that typically prevail in the marine terminal and/or longshoring workplaces in which the operator normally works by a person or entity with the requisite knowledge, skills, and experience to perform evaluations, and the employee is found competent to perform the operator's duties safely. If such evaluations, which can be based on the review of records by an existing entity, such as a joint labor-management committee, are made in the normal course of business, they need not be repeated for purposes of this paragraph.
* * *
7. Refresher Training and Evaluation. A PIT operator shall receive refresher training under § 1910.178(l)(4)(ii)(A) or (C) if a workplace observation by a supervisor or other qualified person indicates that the operator is deficient in some of the requisite knowledge and skills needed to operate the vehicle safely. If the observer determines that the deficiencies in the operator's knowledge and skills can be corrected by on-the-job instruction, the observer or another qualified person may immediately provide such instruction. After any such instruction, the observer or other qualified person may reevaluate the operator's performance in the workplace and, if the operator is then able to demonstrate that he or she possesses the knowledge and skills to operate the equipment safely, the operator may continue to operate the PIT without any further training and without affecting his or her certification. If on-the-job instruction is not sufficient to cure the deficiencies in the operator's knowledge and skills, the operator shall receive such additional refresher training and evaluation as is necessary to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.
An operator shall receive refresher training and evaluation under § 1910.178(l)(4)(ii)(B) when the operator has been involved in an incident in which the operator's operation of the PIT caused or contributed to personal injury or property damage or provided other clear evidence that the operator operated the equipment unsafely. In the event that an OSHA inspection of the incident is conducted, the OSHA inspector will include in the case file and will account for any facts and conclusions developed by an independent inquiry of the factors underlying the incident which are made available to the inspector during the inspection or within 14 days of the incident, whichever is later. The affected parties may contact the inspector to discuss the results of the independent inquiry.
* * *
8. Generic Training. An operator who has been trained on a particular type of powered industrial truck may, without additional training, operate other makes and models of the same type of truck that have fundamentally similar operating characteristics and placement of operating controls. Similarly, an employee who has been trained to use a particular type of powered industrial truck attachment need not receive additional training to use a fundamentally similar make or model of the same type of attachment for the same type of truck.
* * *
9. Seatbelt Training. Powered industrial truck operator training programs must cover equipment manufacturers' recommendations as to the use of seatbelts under § 1910.178(l)(3)(I); such programs may also address the hazards, if any, in the opinion of the training provider, that seat belt use could cause in a particular work situation in the marine cargo handling industry.
* * *
10. Withdrawal of Law Suit. NMSA agrees to withdraw its petition for review in the above-captioned case within five working days of the signing of this Settlement Agreement. The Parties and Intervenors signing below shall bear their own costs and expenses incurred in connection with this matter.
11. Support of Settlement Agreement. In the event that all or any portion of this Settlement Agreement is challenged in any forum, the signatories below agree to move to intervene in support of this Settlement Agreement.
HENRY L. SOLANO
Solicitor of Labor
JOSEPH M. WOODWARD
Associate Solicitor for
Occupational Safety and Health
BRUCE JUSTH
Counsel for Appellate Litigation
________________________
CHARLES T. CARROLL, Jr., Esq.
Wilcox, Carroll & Froelich,
Suite 301, 2011 Pa. Ave.,N.W.
Washington, D.C. 20006
General Counsel, National
  Maritime Safety Association
________________________
BARUCH A. FELLNER, Esq.
Gibson, Dunn & Crutcher, LLP
1050 Conn. Ave., N.W.
Washington, D.C. 20036-5306
Counsel for the National
  Maritime Safety Association
________________________
JOHN SHORTALL
Attorney,
Office of Solicitor
U.S. Department of Labor
Frances Perkins Bld., Rm. S-4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210-0001
________________________
C. PETER LAMBOS, Esq.
CAROL N. LAMBOS, Esq.
Lambos & Junge,
29 Broadway
New York, New York 10006-3101
Counsel for Carriers
  Container Council, Inc.
________________________
HERZL EISENSTADT, Esq.
ELIZABETH ALEXANDER, Esq.
Gleason & Mathews, P.C.
26 Broadway -- 17th Floor
New York, New York 10004-1864
Counsel for International
  Longshoremen's Association
________________________
CRAIG E. EPPERSON, Esq.
Pacific Maritime Association
550 California Street
San Francisco, CA 94104-1060
General Counsel & Secretary,
  Pacific Maritime Association
________________________
C. PETER LAMBOS, Esq.
CAROL N. LAMBOS, Esq.
Lambos & Junge,
29 Broadway
New York, New York 10006-3101
Counsel for United States
  Maritime Alliance, Ltd.
________________________
RICHARD ZUCKERMAN, Esq.
Leonard, Carder et al.
Suite 201
1188 Franklin Street
San Francisco, Calif. 94109
Counsel for the International
  Longshore & Warehouse Union
July 14, 2000

Thursday, October 1, 2015

Compliance Assistance: Appendix C

National Maritime Safety Association Settlement Agreement
July 14, 2000

IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
______________________________________________
NATIONAL MARITIME SAFETY                      )
ASSOCIATION, INC.,                            )
                                              )
                         Petitioner,          )
                                              )
                                              )
     vs.                                      )
                                              )
OCCUPATIONAL SAFETY AND HEALTH                )        No. 99-1031
ADMINISTRATION, UNITED STATES                 )
DEPARTMENT OF LABOR, AND                      )
ALEXIS M. HERMAN, SECRETARY,                  )
UNITED STATES DEPARTMENT OF LABOR,            )
                                              )
                         Respondents,         )
                                              )
                                              )
                                              )
CARRIERS CONTAINER COUNCIL, INC.              )
INTERNATIONAL LONGSHORE & WAREHOUSE UNION,    )
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION,     )
                                              )
                         Intervenors for      )
                           Petitioner.        )
______________________________________________)
 
SETTLEMENT AGREEMENT
1. Coverage. This Settlement Agreement addresses the application of 29 CFR 1910.178(l) -- Powered Industrial Truck Operator Training ("the standard") -- to the longshoring and marine terminal industries (SIC 4491). The standard was issued on December 1, 1998 (63 Fed. Reg. 66238) and is made applicable to marine terminals by 29 CFR 1917.1(a)(2)(xiv) and to longshoring by 29 CFR 1918.1(b)(10).
2. Implementation. Within 30 days of the signing of this Settlement Agreement, OSHA shall instruct its regional and area offices to follow the terms of this Settlement Agreement in enforcing the standard with respect to longshoring and marine terminal operations. OSHA shall provide this Settlement Agreement to state plan occupational safety and health agencies and encourage that the states follow its terms.
* * *
3. Compliance Deadline. Employers engaged in longshoring or marine terminal operations shall, as to workers who did not regularly operate a powered industrial truck (PIT) in a marine terminal or longshoring workplace before December 1, 1998, comply with all provisions of the standard, as set forth herein, by June 30, 2001. With respect to workers who regularly operated a PIT in a marine terminal or longshoring workplace before December 1, 1998, employers must comply with all provisions of the standard, as set forth herein, by October 1, 2001. Prior to June 30, 2001 or October 1, 2001, whichever is applicable, if those employers are not in full compliance with 1910.178(l), they must ensure that their powered industrial truck operators are adequately trained as required by 1917.27 for marine terminals and 1918.98 for longshoring.
4. Training, Evaluation and Certification by a Third Party. The person or persons who conduct training, refresher training, evaluations, and certification of operators under 29 CFR 1910.178(l) need not be employed by the employer of those operators. Such third-party training, including appropriate on-the-job training, may be provided by an employers' association, a labor union, a joint labor-management training organization, or any other organization meeting the requirements of the standard.
An employer may rely on a third-party trainer's certification that an employee has been trained and evaluated to operate a particular type of powered industrial truck in accordance with the standard if the training entity presents to the employer -- who shall make it available to OSHA upon request -- verification that the training program conforms to the standard and includes a list of topics covered by the training. When an operator has been certified under the preceding sentence, the employer must provide additional training in any of those topics only when its powered industrial truck operator[s] will be potentially exposed to hazardous workplace-related conditions that could not reasonably have been foreseen when the training took place. Before its employees operate powered industrial trucks under such conditions, the employer shall brief them about the conditions and in how to operate the powered industrial truck safely under those conditions.
* * *
5. Three-Year Evaluations and Certification Records. An employer may comply with the requirement of § 1910.178(l)(4)(iii) that an operator has been evaluated at three-year intervals if it knows that a third party has conducted the required evaluation and the third party certifies the evaluation pursuant to § 1910.178(l)(6). If such evaluations, which can be based on the review of records by an existing entity, such as a joint labor-management committee, are made in the normal course of business, they need not be repeated for purposes of this paragraph.
The certification required by § 1910.178(l)(6) may be performed, and the records of such certification maintained, by a third-party trainer. The certification records must identify the types of equipment on which the operator has been trained and evaluated. Where an employer does not regularly employ the same operators, such as where operators are assigned by a hiring hall, the employer does not need to maintain the records at its own worksite. The employer must, however, know where the records are located, and they must be accessible to an OSHA compliance officer during a workplace inspection.
* * *
6. Avoidance of Duplicative Training of Experienced Operators. An employee who, prior to December 1, 1998, has regularly operated a particular type of PIT in a marine terminal or longshoring operation, which can be determined by an existing entity such as a joint labor-management committee, may be certified under § 1910.178(l)(6) to operate that type of PIT if (a) written documentation establishes that the employee has previously been trained and evaluated in all of the training topics listed in § 1910.178(l)(3) that are applicable to that type of PIT; or (b) the employee's operation of the type of PIT is evaluated under circumstances that typically prevail in the marine terminal and/or longshoring workplaces in which the operator normally works by a person or entity with the requisite knowledge, skills, and experience to perform evaluations, and the employee is found competent to perform the operator's duties safely. If such evaluations, which can be based on the review of records by an existing entity, such as a joint labor-management committee, are made in the normal course of business, they need not be repeated for purposes of this paragraph.
* * *
7. Refresher Training and Evaluation. A PIT operator shall receive refresher training under § 1910.178(l)(4)(ii)(A) or (C) if a workplace observation by a supervisor or other qualified person indicates that the operator is deficient in some of the requisite knowledge and skills needed to operate the vehicle safely. If the observer determines that the deficiencies in the operator's knowledge and skills can be corrected by on-the-job instruction, the observer or another qualified person may immediately provide such instruction. After any such instruction, the observer or other qualified person may reevaluate the operator's performance in the workplace and, if the operator is then able to demonstrate that he or she possesses the knowledge and skills to operate the equipment safely, the operator may continue to operate the PIT without any further training and without affecting his or her certification. If on-the-job instruction is not sufficient to cure the deficiencies in the operator's knowledge and skills, the operator shall receive such additional refresher training and evaluation as is necessary to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.
An operator shall receive refresher training and evaluation under § 1910.178(l)(4)(ii)(B) when the operator has been involved in an incident in which the operator's operation of the PIT caused or contributed to personal injury or property damage or provided other clear evidence that the operator operated the equipment unsafely. In the event that an OSHA inspection of the incident is conducted, the OSHA inspector will include in the case file and will account for any facts and conclusions developed by an independent inquiry of the factors underlying the incident which are made available to the inspector during the inspection or within 14 days of the incident, whichever is later. The affected parties may contact the inspector to discuss the results of the independent inquiry.
* * *
8. Generic Training. An operator who has been trained on a particular type of powered industrial truck may, without additional training, operate other makes and models of the same type of truck that have fundamentally similar operating characteristics and placement of operating controls. Similarly, an employee who has been trained to use a particular type of powered industrial truck attachment need not receive additional training to use a fundamentally similar make or model of the same type of attachment for the same type of truck.
* * *
9. Seatbelt Training. Powered industrial truck operator training programs must cover equipment manufacturers' recommendations as to the use of seatbelts under § 1910.178(l)(3)(I); such programs may also address the hazards, if any, in the opinion of the training provider, that seat belt use could cause in a particular work situation in the marine cargo handling industry.
* * *
10. Withdrawal of Law Suit. NMSA agrees to withdraw its petition for review in the above-captioned case within five working days of the signing of this Settlement Agreement. The Parties and Intervenors signing below shall bear their own costs and expenses incurred in connection with this matter.
11. Support of Settlement Agreement. In the event that all or any portion of this Settlement Agreement is challenged in any forum, the signatories below agree to move to intervene in support of this Settlement Agreement.
HENRY L. SOLANO
Solicitor of Labor
JOSEPH M. WOODWARD
Associate Solicitor for
Occupational Safety and Health
BRUCE JUSTH
Counsel for Appellate Litigation
________________________
CHARLES T. CARROLL, Jr., Esq.
Wilcox, Carroll & Froelich,
Suite 301, 2011 Pa. Ave.,N.W.
Washington, D.C. 20006
General Counsel, National
  Maritime Safety Association
________________________
BARUCH A. FELLNER, Esq.
Gibson, Dunn & Crutcher, LLP
1050 Conn. Ave., N.W.
Washington, D.C. 20036-5306
Counsel for the National
  Maritime Safety Association
________________________
JOHN SHORTALL
Attorney,
Office of Solicitor
U.S. Department of Labor
Frances Perkins Bld., Rm. S-4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210-0001
________________________
C. PETER LAMBOS, Esq.
CAROL N. LAMBOS, Esq.
Lambos & Junge,
29 Broadway
New York, New York 10006-3101
Counsel for Carriers
  Container Council, Inc.
________________________
HERZL EISENSTADT, Esq.
ELIZABETH ALEXANDER, Esq.
Gleason & Mathews, P.C.
26 Broadway -- 17th Floor
New York, New York 10004-1864
Counsel for International
  Longshoremen's Association
________________________
CRAIG E. EPPERSON, Esq.
Pacific Maritime Association
550 California Street
San Francisco, CA 94104-1060
General Counsel & Secretary,
  Pacific Maritime Association
________________________
C. PETER LAMBOS, Esq.
CAROL N. LAMBOS, Esq.
Lambos & Junge,
29 Broadway
New York, New York 10006-3101
Counsel for United States
  Maritime Alliance, Ltd.
________________________
RICHARD ZUCKERMAN, Esq.
Leonard, Carder et al.
Suite 201
1188 Franklin Street
San Francisco, Calif. 94109
Counsel for the International
  Longshore & Warehouse Union
July 14, 2000

Tuesday, September 22, 2015

Compliance Assistance: Appendix B

Enforcement of the Use of Seat Belts on Powered Industrial Trucks in General Industry October 9, 1996


MEMORANDUM FOR:
 
REGIONAL ADMINISTRATORS
 
FROM: JOHN B. MILES, JR.,
DIRECTORATE OF COMPLIANCE PROGRAMS

 
SUBJECT: Enforcement of the Use of Seat Belts on Powered Industrial Trucks in General Industry

It has come to my attention that clarification is needed to ensure that a uniform approach is taken by all OSHA offices with respect to the enforcement of the use of seat belts on powered industrial trucks in general industry.

American National Standards Institute (ANSI) B56.1-1969 Safety Standard for Powered Industrial Trucks, was adopted by OSHA under the procedures described in Section 6(a) of the Occupational Safety and Health Act (OSH Act). ANSI B56.1-1969 does not have provisions for the use of seat belts. Therefore, 29 CFR 1910.178 does not contain requirements for the use of seat belts. However, Section 5(a)(1) of the OSH Act require employers to protect employees from serious and recognized hazards. Recognition of the hazard of powered industrial truck tipover and the need for the use of an operator restraint system is evidenced by certain requirements in the more current versions of ANSI B56.1 consensus standard for powered industrial trucks; ASME/ANSI B56. la-1989 Addenda to ASME/ANSI B56.1-1988, and ASME B56.1-1993 Safety Standard for Low Lift and High Lift Trucks. In addition, seat belts have been supplied by many manufacturers of counterbalanced, center control, high lift trucks which have a sit-down nonelevating operator position. Also, some manufacturers have instituted retrofit programs for the installation of operator restraint systems to older powered industrial trucks.

OSHA's enforcement policy relative to the use of seat belts on powered industrial trucks is that employers are obligated to require operators of powered industrial trucks which are equipped with operator restraint devices or seat belts to use the devices. OSHA should enforce the use of such devices under Section 5(a)(1) of the OSH Act.

After consultation with the Regional Solicitor, OSHA may also cite Section 5(a)(1) of the OSH Act if an employer has not taken advantage of a manufacturer operator restraint system or seat belt retrofit program.

If you have any questions or concerns, please contact the Office of General Industry Compliance Assistance at (202) 693-1850.

Tuesday, May 12, 2015

Compliance Assistance: Appendix A (cont'd)

In paragraph (l)(3) OSHA has provided a list of subjects to ensure that the training contains the appropriate information for the operator.
  1. Are employers required to train powered industrial truck operator trainees in all of the topics listed in paragraph (l)(3)?
    It is the responsibility of the employer to select the particular items that are pertinent to the type of trucks that the employee will be allowed to operate, and the work environment in which the vehicle will be operated. The employer may leave out elements if the employer can demonstrate that they are not relevant to safe operation in the employer's workplace.
  2. Do these training requirements apply only to high lift and low lift trucks?
    No, these requirements apply to all types of powered industrial trucks, including specialized powered industrial trucks covered by §1910.178(a). The training standard applies to vehicles covered by volumes of the consensus standard such as: Low Lift and High Lift Trucks, ASME B56.1; Guided Industrial Vehicles, ASME B56.5; Rough Terrain Forklift Trucks, ASME B56.6; Industrial Crane Trucks, ASME B56.7; and Operator Controlled Industrial Tow Tractors, ASME B56.9. The standard does not apply to earth moving equipment or vehicles used for over-the-road hauling. Therefore, equipment that was designed to move earth but has been modified to accept forks is not covered by the powered industrial truck operator training standard.
  3. Must an employee receive separate training in each make and model of powered industrial truck that the employee operates?
    No. An operator who has been trained on a particular type of powered industrial truck (e.g., a sit-down counterbalanced rider truck) may, without additional training, operate other makes and models of that same type of truck, unless there is a significant difference in the applicable truck-related and workplace-related topics listed in paragraph (l)(3) for the different make and model of truck. In addition, an employee who has been trained to use a particular type of powered industrial truck attachment need not receive additional training to use a fundamentally similar make or model of the same type of attachment for the same type of truck.
  4. Would these training requirements include training operators in the use of operator restraint systems?
    Yes. For several years, sit-down counterbalanced powered industrial trucks have been equipped by the manufacturer with operator restraint systems. Manufacturers' operators' manuals instruct and warn operators to use operator restraint systems. Employers are required by paragraph (l)(3) to train employees in all operating instructions, warnings and precautions listed in the operator's manual for the type of vehicle which the employee is being trained to operate. Therefore, operators must be trained in the use of operator restraint systems addressed in the operating instructions.
  5. Does OSHA require employers to train operators in vehicle stability?
    Employers are required by paragraph (l)(3) to train operators in vehicle stability. Non- mandatory Appendix A to the training standard provides guidance to employers in understanding the basic principles of vehicle stability.
Paragraph (l)(4) specifies that an evaluation be conducted of each powered industrial truck operator's performance.
  1. How often are evaluations required to be conducted after training has been successfully completed?
    The employer must conduct evaluations at least once every three years and as part of the initial training provided to the operator. In addition, for operators provided refresher training under the standard, an evaluation of the effectiveness of that refresher training must be performed. This evaluation does not have to be formalized but must consist of a person who has the knowledge, training, and experience observing each operator perform all typical operations to ensure that the powered industrial truck is being operated safely. OSHA requires that a more extensive evaluation be conducted at least once every three years.
  2. When would refresher training be required?
    Refresher training is required when information available to the employer shows that the employee lacks the skills or knowledge to operate the truck safely. If the employee has been observed operating the vehicle in an unsafe manner, has been involved in an accident or near miss, or has received an evaluation that reveals the employee is not operating the truck safely, refresher training is required. In addition, refresher training is required when the employee is assigned to drive a different type of truck or a condition in the workplace changes that could affect the safe operation of the truck. An evaluation of the effectiveness of the refresher training is required.
Paragraph (l)(6) requires that the employer certify that the required training and evaluations have been conducted.
  1. What does OSHA require the employer to include in the certification that the required training and evaluations have been conducted?
    The certification consists of the name of the operator, the dates of the training, the date of the evaluation, and the identity of the person(s) conducting the training and evaluation.
Paragraph (l)(5) allows the employer to forgo that portion of the training that an employee has previously received.
  1. Is it necessary to retrain powered industrial truck operators if they have already received training in some of the topics listed in paragraph (l)(3)?
    The employer must evaluate the applicability and adequacy of an operator's prior training. Employers need not retrain an employee in a training topic if the prior training is appropriate to the truck and working conditions encountered. Additional training in that topic is not required if the operator is evaluated and found to operate the truck safely.
Longshoring and Marine Terminal Operations.
  1. What is meant by the term "regularly operated" as discussed for powered industrial truck operators in the longshoring and marine terminal industries?
    Many longshoring and marine terminal employees had substantial experience operating PITs prior to December 1, 1998, when the standard was issued. The term "regularly operated" is used to distinguish between those employees who had substantial experience operating a PIT prior to December 1, 1998 and those who did not. Employees who were listed as powered industrial truck operators by a hiring hall or the employer prior to December 1, 1998 would in most instances be considered as regular operators. Employees who were not listed as qualified to operate a powered industrial truck prior to December 1, 1998 by the employer or a hiring hall shall not be considered in most instances to have regularly operated a powered industrial truck prior to that date. However, a determination of whether an employee regularly operated a PIT cannot be made using a rigid formula but must take into account factors such as:
    1. how long the employee worked on the docks prior to December 1, 1998; and
    2. whether the employee worked on the docks full time or part time; and
    3. whether the employee normally operated a PIT as part of his/her job responsibilities; and
    4. the total number of workdays in which the employee had operated a PIT at a longshoring or marine terminal workplace.