[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Proposed Rules]
[Pages 8755-8764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01155]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1926
[Docket No. OSHA-2020-0008]
RIN 1218-AD26
Powered Industrial Trucks Design Standard Update
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: OSHA proposes updating the design and construction
requirements of the powered industrial trucks standards for general
industry and construction by incorporating by reference the applicable
provisions of the most relevant national consensus standards from the
American National Standards Institute/Industrial Truck Standards
Development Foundation (ANSI/ITSDF). OSHA also proposes allowing
employers to use powered industrial trucks not constructed in
accordance with those national consensus standards incorporated by
reference in the OSHA standards if the employer can demonstrate that
the truck they use was designed and constructed in a manner that
provides employee protection that is at least as effective as the
national consensus standards incorporated by reference in OSHA's
standards.
DATES: Submit written comments on this proposed rule, hearing requests,
and other information (including comments on the information-collection
(paperwork) determination described
[[Page 8756]]
under section III.C. of the preamble) by May 17, 2022. All submissions
must bear a postmark or provide other evidence of the submission date.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at https://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Docket: To read or download comments or other material in the
docket go to https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through this website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2020-0008). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
OSHA Office of Communications, telephone: (202) 693-1999, email:
[email protected].
Technical inquiries: Contact Kenneth Stevanus, Directorate of
Standards and Guidance, telephone: (202) 693-2260; fax: (202) 693-1663;
email: [email protected].
Copies of this Federal Register document. Electronic copies of
these documents are available at OSHA's web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. OSHA's Powered Industrial Truck Standards
1. General Industry
2. Construction
B. Consensus Standards for Powered Industrial Trucks
II. Summary and Explanation of the Proposed Revisions to the Powered
Industrial Trucks Standards
A. Scope of the Proposed Rule
B. Proposed Changes
1. Updating References to ANSI B56 Consensus Standards
2. Alternative Method of Compliance for Existing Equipment
3. Alternative Method of Compliance for Equipment Manufactured
on or After the Effective Date of the Final Rule
4. Updates to Other Design and Construction Provisions
C. Incorporation by Reference and Reasonable Availability of the
ANSI Standard to the Public
III. Procedural Determinations
A. Legal Considerations
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State Plan States
F. Unfunded Mandates Reform Act of 1995
G. Consultation and Coordination With Indian Tribal Governments
H. Consultation With the Advisory Committee on Construction
Safety and Health
I. Background
This proposed rulemaking is part of a series of regulatory projects
by OSHA to update standards to reflect the current versions of
consensus and national industry standards (see, e.g., 74 FR 46350,
September 9, 2009). These projects include updating or revoking
outdated national consensus and industry standards incorporated by
reference, and updating regulatory text of current OSHA standards that
directly adopted the language of national consensus and industry
standards that have now become outdated.
A. OSHA's Powered Industrial Truck Standards
1. General Industry
OSHA's general industry powered industrial trucks standard at 29
CFR 1910.178 contains safety requirements relating to fork trucks,
tractors, platform lift trucks, motorized hand trucks, and other
specialized industrial trucks powered by electric motors or internal
combustion engines. The standard requires that all new powered
industrial trucks acquired and used by an employer meet the design and
construction requirements established in the American National Standard
for Powered Industrial Trucks, Part II, ANSI B56.1-1969. 29 CFR
1910.178(a)(2). In addition, OSHA's standard requires that all approved
trucks bear a label or some other identifying mark indicating approval
by a nationally recognized testing laboratory, as also required by
paragraph 405 of that same ANSI standard. 29 CFR 1910.178(a)(3).
OSHA initially adopted the powered industrial trucks standard for
general industry 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\ primarily based on the 1969 edition of ANSI's
Safety Standard for Powered Industrial Trucks, B56.1.
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\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.
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2. Construction
In 1971, under section 6(a) of the OSH Act, OSHA adopted existing
Federal standards issued under section 107 of the Contract Work Hours
and Safety Standards Act as OSHA construction standards (36 FR 7340,
April 17, 1971; 36 FR 25232, December 30, 1971), including provisions
covering powered industrial trucks used in construction. OSHA's powered
industrial trucks standard can be found at 29 CFR 1926.602(c), Lifting
and hauling equipment. In the portion relevant to this rulemaking,
Sec. 1926.602(c)(1)(v) requires that all high-lift rider industrial
trucks \2\ be equipped with overhead guards that meet the configuration
and structural requirements as defined in paragraph 421 in Part II of
ANSI B56.1-1969. Section 1926.602(c)(1)(vi) states that all industrial
trucks in use must meet the applicable requirements of design,
construction, stability, inspection, testing, maintenance, and
operation contained in ANSI B56.1-1969, Safety Standards for Powered
Industrial Trucks.
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\2\ A ``high-lift truck'' is defined in ANSI B56.1-1969,
Appendix A, as ``A self-loading truck equipped with an elevating
mechanism designed to permit tiering. Popular types are high-lift
fork truck, high-lift ram truck, high-lift boom truck, high-lift
clamp truck, and high-lift platform truck.''
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B. Consensus Standards for Powered Industrial Trucks
Since OSHA adopted the 1969 version of the ANSI B56.1, ANSI has
revised its B56.1 consensus standard twelve times (in 1975, 1983, 1988,
1993, 2000, 2004, 2005, 2009, 2012, 2016, 2018, and 2020). Starting in
1978, ANSI reorganized its B56 consensus standard by narrowing the
scope of B56.1 to a subset of previously covered equipment and adding
new volumes to cover other truck types that had previously been covered
under B56.1. Specifically, ANSI B56.1, which originally covered powered
industrial trucks generally, now only covers Low Lift and High Lift
[[Page 8757]]
Trucks. ANSI B56.5 covers Driverless, Automatic Guided Industrial
Vehicles and Automated Functions of Manned Industrial Vehicles; and
ANSI B56.6 covers Rough Terrain Forklift Trucks. ANSI has periodically
published revisions to each of these B56 volumes, but at intervals
different from the B56.1 revisions. As of the date of this notice, the
most current editions are ANSI B56.1-2020 (effective March 27, 2022),
ANSI/B56.5-2019, and ANSI B56.6-2021 (effective March 27, 2022).\3\
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\3\ Since 2005, the Industrial Truck Standards Development
Foundation (ITSDF), an ANSI-accredited standards-developing
organization, has developed and published the national consensus
standards for industrial trucks. For simplicity, the agency may
refer to ANSI/ITSDF standards as ANSI standards throughout this
document.
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Together, these three B56 volumes cover all powered industrial
trucks that are currently in the scope of OSHA's standards (Sec. Sec.
1910.178(a)(1) and 926.602(c)(1)(vi)) and encompass all of the
equipment originally covered by the consensus standard cited in OSHA's
existing standards (ANSI B56.1-1969). OSHA is not aware of any other
consensus standards covering powered industrial trucks in its scope,
but requests comments on whether any other such standards exist and
should be referenced by OSHA.
The following is a summary of each of the ANSI/ITSDF B56 consensus
standards discussed in this NPRM.
ANSI/ITSDF B56.1-2020, Safety Standard for Low Lift and High Lift
Trucks, defines the safety requirements relating to the elements of
design, operation, and maintenance of low lift and high lift powered
industrial trucks controlled by a riding or walking operator, and
intended for use on compacted, improved surfaces.
ANSI/ITSDF B56.5-2019, Safety Standard for Driverless, Automatic
Guided Industrial Vehicles and Automated Functions of Manned Industrial
Vehicles, defines the safety requirements relating to the elements of
design, operation, and maintenance of powered, not mechanically
restrained, unmanned automatic guided industrial vehicles and the
system of which the vehicles are a part. It also applies to vehicles
originally designed to operate exclusively in a manned mode but which
are subsequently modified to operate in an unmanned, automatic mode, or
in a semiautomatic, manual, or maintenance mode.
ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain Forklift
Trucks, defines the safety requirements relating to the elements of
design, operation, and maintenance of rough terrain forklift trucks.
These trucks are intended for operation on unimproved natural terrain
as well as the disturbed terrain of construction sites.
II. Summary and Explanation of the Proposed Revisions to the Powered
Industrial Trucks Standards
This proposed rulemaking would update the references to national
consensus standards in OSHA's powered industrial truck design and
construction requirements applicable to general industry work (29 CFR
1910.178(a)(2) & (3)) and construction work (29 CFR 1926.602(c)(1)(v) &
(vi)). It would also update the general incorporation by reference
section for each of these standards (i.e., 29 CFR 1910.6 and 1926.6) to
include the same ANSI consensus standards and to note where they can be
obtained. OSHA is also proposing an alternative method of compliance
for employers that use trucks that are not manufactured in accordance
with any of the consensus standards incorporated by reference in the
proposed standard.
A. Scope of the Proposed Rule
The scope of this proposed rulemaking includes the equipment
covered by the three ANSI volumes currently in use (B56.1-2020, Low
Lift and High Lift Trucks; B56.5-2019, Guided Industrial Vehicles;
B56.6-2021, Rough Terrain Forklift Trucks).\4\ This scope is consistent
with OSHA's previous determination made in its 1998 rulemaking that
because the initial OSHA standard issued in 1971 had adopted the ANSI
B56.1-1969 provisions under section 6(a) of the Act, the scope of Sec.
1910.178 must be the same as the scope of the original source standard,
ANSI B56.1-1969. See 63 FR 66255, December 1, 1998 (training standard
rulemaking).
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\4\ Equipment covered by ANSI B56.7, Safety Standard for
Industrial Crane Trucks, was originally covered by ANSI B56.1-1969.
However, ANSI B56.7 was discontinued in 1992 and therefore OSHA is
not including ANSI B56.7 in this proposed rulemaking.
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This proposed rule only updates the references to the design and
construction requirements in the OSHA standards for general industry
and construction. Consequently, provisions in OSHA's industrial trucks
standards that do not relate to design or construction will continue to
reference only the 1969 edition of ANSI B56.1. For example, Sec.
1926.602(c)(1)(vi) includes operator requirements on stability,
inspection, testing, maintenance, and operation, which would not be
amended in this proposal to reference more current ANSI standards.
Currently, Sec. 1926.602(c)(1)(v) requires that all high lift
rider industrial trucks used in construction be equipped with overhead
guards that meet the configuration and structural requirements in
paragraph 421 of ANSI B56.1-1969. The configuration and structural
requirements for overhead guards in paragraph 421 are part of the
design and construction provisions of ANSI B56.1-1969. Therefore, the
proposed rule would also update Sec. 1926.602(c)(1)(v) by adding a
cross-reference to the revised requirements in Sec.
1926.602(c)(1)(vi).
Furthermore, the proposed rule would update Sec. 1910.178(a)(3),
which requires that approved trucks bear a label or other
identification mark indicating approval by a testing laboratory in
accordance with paragraph 405 of ANSI B56.1-1969. The proposed rule
would add reference to the latest ANSI provisions in table 1 to Sec.
1910.178(a)(2), but would maintain the current reference to paragraph
405 of ANSI B56.1-1969. OSHA believes that labels and other
identification marks on powered industrial trucks have not
significantly changed since the adoption of the 1969 edition of ANSI
B56.1 and that the nameplates and markings requirements in the latest
ANSI versions in table 1 are well established. OSHA invites comments on
this aspect of the proposed rule.
B. Proposed Changes
This proposed rule would update the references in 29 CFR
1910.178(a) and 29 CFR 1926.602(c) to recognize the design and
construction requirements in the latest editions of the ANSI B56
consensus standards for powered industrial trucks (i.e., ANSI B56.1-
2020, Safety Standards for Low Lift and High Lift Trucks; ANSI B56.5-
2019, Safety Standards for Driverless, Automatic Guided Industrial
Vehicles and Automated Functions of Manned Industrial Vehicles; ANSI
B56.6-2021, Safety Standards for Rough Terrain Forklift Trucks). For
both general industry and construction, OSHA would incorporate by
reference these latest ANSI B56 consensus standards. The proposed rule
would also maintain the existing reference in 29 CFR 1910.178(a) and 29
CFR 1926.602(c) to ANSI B56.1-1969, but only for trucks manufactured
prior to the effective date of the final rule. OSHA is proposing that
the final rule will go into effect 30 days after its publication. As
part of this rulemaking, OSHA would also add an alternative method of
compliance for employers that use trucks that are not manufactured in
accordance with any of
[[Page 8758]]
the consensus standards incorporated by reference in the proposed
standard.
1. Updating References to ANSI B56 Consensus Standards
The design and construction compliance requirements in this
proposed rule are not identical for trucks manufactured prior to the
effective date of the final rule, and for trucks manufactured on or
after that date. For both categories of equipment--trucks manufactured
before, on, or after the effective date of the final rule, the proposed
rule would incorporate by reference the most recent versions of the
ANSI B56 standards applicable to powered industrial trucks, ANSI B56.1-
2020, ANSI B56.5-2019, and ANSI B56.6-2021, as shown in table 1 to
Sec. Sec. 1910.178(a)(2) and 1926.602(c)(1)(vi). The proposed rule,
however, would maintain the current reference to ANSI B56.1-1969 only
for equipment manufactured before the effective date of the final rule.
Powered industrial trucks manufactured prior to the effective date of
the final rule would be required to meet the design and construction
requirements established in either (1) the 1969 edition of the ANSI
B56.1 consensus standard (i.e., ANSI B56.1-1969), or (2) the more
recent and applicable ANSI B56 standard in table 1 (i.e., ANSI B56.1-
2020, ANSI B56.5-2019, or ANSI B56.6-2021).
For all powered industrial trucks manufactured on or after the
effective date of the final rule, the proposed rule would require that
such equipment meet the design and construction requirements
established in the applicable ANSI B56 consensus standard in table 1.
Because different powered industrial trucks are now covered by
different ANSI consensus standards, employers would need to ensure that
the equipment they use complies with the applicable ANSI consensus
standard in table 1. For example, for trucks manufactured on or after
the effective date of the final rule, a high-lift truck must comply
with ANSI B56.1-2020; a driverless industrial truck must comply with
ANSI B56.5-2019; and a rough terrain forklift must comply with ANSI
B56.6-2021.
2. Alternative Method of Compliance for Existing Equipment
For both general industry and construction, OSHA's current design
and construction requirements for powered industrial trucks mandate
compliance with the ANSI B56.1-1969 standard, but OSHA is aware that
over the past decades, manufacturers of this equipment have typically
designed and constructed this equipment to comply with more recent
editions of the ANSI B56 standards. For example, a high-lift industrial
truck manufactured in 1990 would typically be designed and constructed
in compliance with ANSI B56.1-1988 rather than B56.1-1969.
Consequently, in this proposed rule, OSHA is adding an alternative
method of compliance for employers that use trucks manufactured before
the effective date of the final rule that do not meet the design and
construction requirements established in ANSI B56.1-1969 or in the
applicable ANSI standard in table 1. Specifically, for both general
industry and construction, the proposed rule would add a provision that
allows employers to use powered industrial trucks manufactured before
the effective date of the final rule as long as the employer can
demonstrate that the design and construction of the truck is at least
as protective as those designed and constructed in accordance with ANSI
B56.1-1969 or the applicable ANSI standard in table 1. That is,
employers would be able to acquire and use powered industrial trucks
manufactured before the effective date of the final rule, whether they
are designed and constructed in accordance with an ANSI consensus
standard or a non-ANSI standard, so long as the employer can
demonstrate that their design and construction provide employee
protection that is at least equal to the protection provided by trucks
that are designed and constructed in accordance with ANSI B56.1-1969 or
the applicable ANSI B56 standard in table 1.
OSHA has used a similar approach in some other OSHA standards. For
example, in several protective equipment standards (29 CFR 1910.133,
1910.135, and 1910.136; 29 CFR 1915.153, 1915.155, and 1915.156; 29 CFR
1917.91, 1917.93, and 1917.94; 29 CFR 1918.101, 1918.103, and 1918.104;
and 29 CFR 1926.100 and 1926.102), the employer must ensure that the
protective devices meet the construction requirements of one or more
incorporated by reference ANSI standards or, alternatively, must show
that the devices are at least as protective as protective devices
constructed in accordance with the incorporated by reference ANSI
standards.
OSHA has preliminarily determined that powered industrial trucks
meeting the design and construction requirements of the applicable ANSI
B56.1, B56.5, or B56.6 consensus standards not incorporated by
reference in this proposed rule that were published after 1969 and
before the applicable consensus standard in table 1, provide employee
protection that is at least as protective as those designed and
constructed in accordance with ANSI B56.1-1969. For ANSI B56.1, these
include the design and construction requirements published in 1975,
1983, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1995, 2000,
2001, 2003, 2004, 2005, 2009, 2012, 2016, and 2018 (OSHA-2020-0008-
0002). For ANSI B56.5, these include the design and construction
requirements published in 1978, 1988, 1989, 1990, 1991, 1992, 1993,
1994, 2004, and 2012 (OSHA-2020-0008-0003). For ANSI B56.6, these
include the design and construction requirements published in 1978,
1987, 1988, 1990, 1991, 1992, 1994, 1998, 2002, 2005, 2005(R11), 2011,
and 2016 (OSHA-2020-0008-0004).\5\ Hence, for an employer using a truck
manufactured after 1969 but before the applicable ANSI standard in
table 1 and designed and constructed according to one of these
applicable non-incorporated ANSI B56.1, B56.5, and B56.6 consensus
standards, the employer would be deemed to be in compliance with the
design and construction requirements of the proposed rule.
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\5\ For purposes of this rulemaking, applicable B56 consensus
standards published after 1969 and before the consensus standards in
table 1 also include those published by the American Society of
Mechanical Engineers (ASME) or the ITSDF.
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OSHA has made a similar preliminary determination for the now
discontinued ANSI B56.7, Safety Standard for Industrial Crane Trucks.
That is, OSHA has determined that powered industrial trucks meeting the
design and construction requirements in any version of ANSI B56.7
published between 1969 and 1992 (the date that ANSI provision was
discontinued) provide employee protection that is at least as
protective as those designed and constructed in accordance with ANSI
B56.1-1969. This includes design and construction requirements in ANSI
B56.7 published in 1982, 1987, 1988 addendum, and 1988 (reaffirmed in
1992). Thus, for example, an employer using an industrial crane truck
designed and constructed in accordance with the 1988 (reaffirmed in
1992) standard would be deemed to be in compliance with the design and
construction requirements of this proposed rule.
The agency believes that allowing equipment that complies with the
design and construction requirements in these applicable ANSI B56
standards that are not incorporated by reference in this proposed rule
would not reduce employee protection but, rather, would enhance
employee safety and provide greater flexibility to employers. Thus,
[[Page 8759]]
under the proposal, an employer with equipment designed and constructed
in compliance with one of these standards would be able to show that
they are at least as protective as equipment designed and constructed
to ANSI B56.1-1969. OSHA invites public comments on powered industrial
trucks built to the design and construction specifications in the ANSI
B56 standards published after 1969 and before the applicable ANSI B56
standard in table 1, and OSHA's view that their design and construction
requirements are at least as protective as the design and construction
requirements in ANSI B56.1-1969. OSHA is not aware of any other non-
ANSI consensus standards for powered industrial trucks published from
1969 to 2020, nor any powered industrial trucks designed and
constructed in accordance with non-consensus standards, but requests
comment on whether any other such standards or non-standard trucks
exist, whether design and construction requirements in such standards
or non-standard trucks provide equal or greater employee protection,
and whether any such non-ANSI standards or non-standard trucks should
be incorporated by reference in the revised OSHA standards for powered
industrial trucks.
3. Alternative Method of Compliance for Equipment Manufactured on or
After the Effective Date of the Final Rule
The proposed rule also contains an alternative method of compliance
for employers that use powered industrial trucks manufactured on or
after the effective date of the final rule. As discussed above, OSHA's
proposed rule would require these trucks to comply with the design and
construction requirements in the applicable ANSI B56 standard in table
1 to Sec. Sec. 1910.178(a)(2) and 1926.602(c)(1)(vi): ANSI B56.1-2020,
ANSI B56.5-2019, or ANSI B56.6-2021. The proposed rule would add
another provision that would allow employers to use powered industrial
trucks manufactured on or after the effective date of the final rule if
they can demonstrate that the design and construction of the trucks are
at least as protective as powered industrial trucks that are designed
and constructed in accordance with the applicable ANSI B56 standard in
table 1. That is, an employer may use a powered industrial truck
manufactured on or after the effective date of the final rule, so long
as the employer can demonstrate that the design and construction of the
truck--whether designed and constructed in accordance with a non-
incorporated ANSI standard or a non-ANSI standard--are at least as
protective as a truck designed and constructed in accordance with the
applicable ANSI B56 standard: ANSI B56.1-2020, ANSI B56.5-2019, or ANSI
B56.6-2021.
ANSI continues to update its B56 standards regularly and it is
difficult for OSHA to provide timely corresponding updates in its
standards through notice and comment rulemaking. Consequently, there is
likely to be a period of years during which OSHA's standards require
compliance with an outdated ANSI standard while industrial truck
manufacturers are designing and constructing equipment in accordance
with the newest ANSI standard or, possibly, other new non-ANSI
consensus standards. To address this likely lag in OSHA regulatory
updates, this proposal incorporates by references the most current
editions of the applicable ANSI B56 standards as shown in table 1, but
also would allow employers additional flexibility to use trucks that
are manufactured in accordance with future editions of applicable
consensus standards, including ANSI B56 standards, if the employers can
demonstrate that the design and construction of the truck provides
employee protection equal to or greater than the design and
construction requirements of the applicable ANSI standard in table 1.
OSHA is not aware of any other current non-ANSI consensus standards
that would provide equivalent protection to employees, but requests
comment on whether any other such standards exist and should be
referenced by OSHA in its standards.
OSHA anticipates that consensus-standard issuing bodies will aid in
this new flexible approach and want employers to use powered industrial
trucks designed and constructed according to the latest editions of
their standards. Standard developing bodies typically have a summary of
changes section in each new edition and also indicate in the margins
where changes from the previous edition were made. The summary of
changes also lists those changes they consider significant. These
changes are intended to alleviate confusion, provide up-to-date
protection for workers using powered industrial trucks, and give
employers greater clarity and flexibility in complying with OSHA's
standards as ANSI continues to update its standards.
OSHA notes that this proposed compliance alternative is somewhat
similar to OSHA's longstanding policies regarding de minimis
conditions. As set out in OSHA's Field Operations Manual, a de minimis
condition includes a situation in which an employer complies with a
proposed OSHA standard or a consensus standard rather than with the
standard in effect at the time of the inspection, and the employer's
action clearly provides equal or greater employee protection. See CPL
02-00-164, p. 4-28 (2020). OSHA documents such conditions as
violations, but does not typically cite employers for these conditions.
While a de minimis condition is still a violation of the standard, even
if not cited, under the proposed rule an employer would be in
compliance with the OSHA standard by demonstrating that the alternative
national consensus standard is equally or more protective.
To assist the employer in demonstrating that trucks designed and
constructed in accordance with future national consensus standards
provide equal or greater protection, OSHA may consider periodically
issuing guidance confirming a future national consensus standard's
protectiveness in relation to the relevant ANSI standard listed in
table 1. The agency may do this by either responding to the consensus-
standard issuing bodies (e.g., ANSI) request for interpretation or some
other means.
OSHA invites public comment on any aspect of this proposed rule.
The agency is particularly interested in receiving comments on this new
proposed approach of allowing trucks manufactured on or after the
effective date of the final rule to satisfy the design and construction
requirements of OSHA's powered industrial trucks standards if they are
manufactured according to a future ANSI B56 standard or future non-ANSI
consensus standard, provided that the employer can demonstrate that the
design and construction of such trucks are at least as protective as
the applicable ANSI standard in table 1 to Sec. Sec. 1910.178(a)(2)
and 1926.602(c)(1)(vi). Alternatively, should OSHA only require
compliance with the design and construction requirements of the
incorporated by reference of the applicable ANSI standard in table 1
and only allow for compliance with future consensus standards by
incorporating by reference those new consensus standards through notice
and comment rulemaking on an ongoing basis as they become available?
OSHA also requests comment on what, if any, additional conditions
should be required for an employer to make an equivalency showing for
purposes of meeting the proposed alternative method of compliance. What
should an employer be required to do to demonstrate that a truck is at
least as protective as the design and construction requirements of the
[[Page 8760]]
applicable ANSI standard in table 1? For example, would it be
sufficient for an employer to rely on the truck manufacturer's
certification that the truck is at least as protective as the
applicable ANSI standard? What, if any, action should OSHA take to
confirm a consensus standard's protectiveness in relation to the design
and construction requirements of the relevant ANSI standard in table 1?
Relatedly, the agency welcomes comments on whether employers that rely
on a future consensus standard should be required to demonstrate that
the design and construction requirements of that consensus standard are
at least as protective as the design and construction requirements in
the applicable ANSI standard in table 1, or whether OSHA should bear
the burden of establishing, as part of its prima facie case against an
employer, that a powered industrial truck designed and constructed in
accordance with a future national consensus standard provides less
protection than a truck designed and constructed in accordance with the
applicable ANSI standard in table 1.
4. Updates to Other Design and Construction Provisions
Furthermore, in the powered industrial trucks standard for
construction, Sec. 1926.602(c)(1)(v) includes configuration and
structural requirements for overhead guards on high lift rider trucks
that are already required by the ANSI B56-1969 standard referenced in
Sec. 1926.602(c)(1)(vi). Therefore, the proposed rule would revise
Sec. 1926.602(c)(1)(v) by replacing the reference to paragraph 421 of
ANSI B56.1-1969 with a cross-reference to the design requirements in
Sec. 1926.602(c)(1)(vi). This proposed change is not intended to
eliminate the existing requirement in the construction standard that
high lift rider trucks be equipped with overhead guards; instead, this
proposed change aims to align the specific design requirements for
overhead guards with the general design and construction requirements
in the proposed rule. OSHA invites comment on whether the agency should
move forward with this approach or whether it should delete Sec.
1926.602(c)(1)(v) given that the design requirements for overhead
guards on high lift rider trucks are already covered by Sec.
1926.602(c)(1)(vi).
C. Incorporation by Reference and Reasonable Availability of the ANSI
Standard to the Public
OSHA also proposes to update the general incorporation by reference
section for each of these standards (i.e., 29 CFR 1910.6 and 29 CFR
1926.6) to reflect the incorporation of the relevant national consensus
standards, summarized in section I.B of this preamble. OSHA believes
that the ANSI/ITSDF standards, as well as any applicable ASME standards
published after 1969 and before the applicable ANSI consensus standard
in table 1 to Sec. Sec. 1910.178(a)(2) and 1926.602(c)(1)(vi), are
reasonably available to interested parties and can be purchased from
one of the following sites in pdf form: ANSI (https://webstore.ansi.org), IHS Standards (https://global.ihs.com), or
TechStreet (https://www.techstreet.com). If OSHA ultimately finalizes
this rule, the agency will make all documents available for review by
the public in accordance with OSHA's policies regarding availability of
documents incorporated by reference. These documents are typically
available in national and regional OSHA offices.
III. Procedural Determinations
A. Legal Considerations
The purpose of the OSH Act is to achieve to the extent possible
safe and healthful working conditions for all employees. 29 U.S.C.
651(b). To achieve this goal, Congress authorized the Secretary of
Labor to promulgate and enforce occupational safety and health
standards. 29 U.S.C. 654(b), 655(a) and (b). A safety or health
standard is a standard which requires conditions, or the adoption or
use of one or more practices, means, methods, operations, or processes
``reasonably necessary or appropriate'' to provide safe or healthful
employment and places of employment. 29 U.S.C. 652(8). A standard is
reasonably necessary or appropriate within the meaning of section
652(8) of the OSH Act when a significant risk of material harm exists
in the workplace and the standard would substantially reduce or
eliminate that workplace risk. See Indus. Union Dep't, AFL-CIO v. Am.
Petroleum Inst., 448 U.S. 607 (1980).
Under Section 6(a) of the OSH Act, OSHA was given the authority for
a period of two years from the effective date of the Act to adopt
national consensus standards and established Federal standards as OSHA
standards without following notice and comment rulemaking procedures.
29 U.S.C. 655(a). Congress provided this authority so that OSHA would
have a mechanism to begin immediately protecting the Nation's workers
through mandatory standards. OSHA's powered industrial truck standards
were among the many standards adopted under Section 6(a). Thus Congress
determined that these adopted standards, including the powered
industrial power standards, were reasonably necessary or appropriate
within the meaning of Section 652(8). Moreover, worker protections
under this proposed rule, if finalized, would be equal or greater than
under the existing standards because powered industrial truck design
and construction would have to be at least as protective as the current
regulatory requirements. Accordingly, this proposal does not require an
additional significant risk finding (see Edison Elec. Inst. v. OSHA,
849 F.2d 611, 620 (D.C. Cir. 1988)).
A safety standard must be technologically feasible. See UAW v.
OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is technologically
feasible when the protective measures it requires already exist, when
available technology can bring the protective measures into existence,
or when that technology is reasonably likely to develop. See Am. Iron
and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 1991). OSHA has
preliminarily determined that the revisions in this proposal are
technologically feasible because: (1) Existing powered industrial
trucks only need to comply with the 1969 version of ANSI's B56.1
standard; (2) existing powered industrial trucks are already
manufactured according to an existing applicable ANSI B56 standard; and
(3) future powered industrial trucks would only need to comply with the
existing applicable ANSI standard in table 1.
A safety standard must also be economically feasible. See Forging
Indus. Ass'n v. Secretary of Labor, 773 F.2d 1436, 1453 (4th Cir.
1985). Such a standard is economically feasible if industry can absorb
or pass on the costs of compliance without threatening its long-term
profitability or competitive structure. See ATMI, 452 U.S. at 530 n.
55; AISI, 939 F.2d at 980. As described below, OSHA has preliminarily
determined that this proposal is economically feasible because it would
impose no new costs on employers.
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
OSHA has preliminarily determined that this proposed rule will
impose no new costs on employers. The proposed rule is intended to
accommodate existing industry practices for existing equipment
manufacture and design, and to adapt to industry norms for future
manufacture and design.
OSHA understands that powered industrial trucks are designed,
tested, or manufactured in accordance with the latest version of ANSI
B56 consensus
[[Page 8761]]
standards, and, therefore, believes the proposed updates are consistent
with the usual and customary practice of employers in the general and
construction industries. Accordingly, the agency determined that
incorporating by reference ANSI B56.1a-2018, ANSI B56.5-2019, and ANSI
B56.6-2021 will not add a compliance burden for employers. In addition,
because OSHA is not removing the reference to the 1969 version of the
ANSI standard applicable to previously manufactured equipment,
employers will be able to continue following that version of the
consensus standard for existing equipment, and thus, employers will not
occur any new compliance burdens. Going forward, OSHA anticipates that
if standards developing organizations (SDO) were to publish a newer
version of ANSI B56 in the future, an employer would need to show that
equipment manufactured on or after the effective date of the final rule
complied with the design and construction requirements of the
applicable consensus standard in table 1 to Sec. Sec. 1910.178(a)(2)
and 1926.602(c)(1)(vi) or that the design and construction requirements
of the new SDO standard would be at least as protective as the
applicable consensus standard in table 1. OSHA expects that in most
cases SDOs would provide guidance to employers regarding this
determination whenever the SDO issues a new standard (in order to
encourage adoption of the new standard). OSHA also expects that
affixing new data plates or markings on equipment or the certification
of existing data plates or markings on equipment would be a usual and
customary practice by employers when demonstrating compliance with
newer versions of the consensus standard. OSHA invites public comment
on its preliminary determination that the proposed rule will not result
in any additional cost burden on employers. Specifically, the agency
invites comment on the economic impacts of any future revisions to the
ANSI B56 series of standards that affect equipment manufactured on or
after the effective date of the final rule, thereby triggering
compliance with the design and construction requirements of the
applicable ANSI B56 standard in table 1. The agency also requests
public comment on any other issues raised by OSHA's proposed revisions.
OSHA therefore finds that this proposed rule is not economically
significant within the context of Executive Order 12866, or a major
rule under the Unfunded Mandates Reform Act or Section 801 of the Small
Business Regulatory Enforcement Fairness Act. In addition, this
proposed rule complies with Executive Order 13563 because it would
allow employers increased flexibility in choosing powered industrial
trucks for their employees and allow employers to keep practices that
meet the requirements of the existing standard for trucks manufactured
prior to the effective date of the final rule. Because the rule would
impose no costs, OSHA certifies that it would not have a significant
economic impact on a substantial number of small private or public
sector entities and would not meet any of the criteria for an
economically significant or major rule specified by the Executive order
or relevant statutes.
C. OMB Review Under the Paperwork Reduction Act of 1995
This proposed rule would not establish or revise any collection of
information requirements of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501. Accordingly, the agency did not submit an Information
Collection Request to Office of Management and Budget (OMB) in
association with this rulemaking.
Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer, Office of Management and
Budget, Room 10235, 725 17th Street NW, Washington, DC 20503. The
agency encourages commenters to also submit these comments to the
rulemaking docket, along with their comments on other parts of this
notice of proposed rulemaking. For instructions on submitting these
comments and accessing the docket, see the sections of this Federal
Register document titled DATES and ADDRESSES.
To make inquiries or to request other information related to
information collection, contact Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone:
(202) 693-4131; email: [email protected].
D. Federalism
OSHA reviewed this notice of proposed rulemaking in accordance with
the Executive order on federalism (Executive Order 13132, 64 FR 43255,
August 4 1999), which requires that agencies, to the extent possible,
refrain from limiting state policy options, consult with states prior
to taking any actions that would restrict state policy options, and
take such actions only when clear constitutional authority exists, and
the problem is national in scope. Executive Order 13132 provides for
preemption of state law only with the expressed consent of Congress.
Agencies must limit any such preemption to the extent possible.
Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress
expressly provides that states may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal
approval for such a plan as ``State Plan states.'' Occupational safety
and health standards developed by State Plan states must be at least as
effective in providing safe and healthful employment and places of
employment as the Federal standards. 29 U.S.C. 667. Subject to these
requirements, State Plan states are free to develop and enforce under
state law their own requirements for occupational safety and health
standards.
While OSHA drafted this proposed rule to protect employees in every
state, Section 18(c)(2) of the OSH Act permits State Plan states and
U.S. territories to develop and enforce their own standards for powered
industrial trucks provided the requirements in these standards are at
least as safe and healthful as the requirements specified in this
proposed rule. In summary, this notice of proposed rulemaking complies
with Executive Order 13132. In States without OSHA-approved State
Plans, any standard developed from this proposed rule would limit State
policy options in the same manner as every standard promulgated by
OSHA. In States with OSHA-approved State Plans, this rulemaking would
not significantly limit State policy options.
E. State Plan States
When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 28 States and U.S. territories
with their own OSHA-approved occupational safety and health plans must
revise their standards to reflect the new standard or amendment. The
State standard must be at least as effective as the final Federal
standard or amendment and must be promulgated within six months of the
publication date of the final Federal rule (29 U.S.C. 667(c)(2); 29 CFR
1953.5(a)).
A State Plan state may demonstrate that a standard change is
unnecessary because the State standard is already the same as or at
least as effective as the new or amended Federal standard. In order to
avoid delays in worker protection, the effective date of the State
standard and any of its delayed
[[Page 8762]]
provisions must be the date of State promulgation or the Federal
effective date, whichever is later. The Assistant Secretary may permit
a longer time period if the State timely demonstrates that good cause
exists for extending the time limitation (29 CFR 1953.5(a)). Of the 28
States and territories with OSHA-approved State plans, 22 cover public
and private-sector employees: Alaska, Arizona, California, Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee,
Utah, Vermont, Virginia, Washington, and Wyoming. Six States and
territories cover only public-sector employees: Connecticut, Illinois,
Maine, New Jersey, New York, and the Virgin Islands. When OSHA
promulgates a new standard or amendment that does not impose additional
or more stringent requirements than the existing standard, State Plan
states are not required to amend their standards, although OSHA may
encourage them to do so.
If OSHA promulgates this proposed rule, employers would be required
to ensure that new equipment manufactured on or after the effective
date of the final rule complies with the relevant ANSI B56 standard
incorporated by reference in table 1 or, alternatively, with a future
national consensus standard or no consensus standard provided that the
employer can demonstrate that the design and construction of the truck
provides at least the same degree of safety as the design and
construction requirements of the applicable ANSI standard in table 1.
States and territories with approved State Plans would be required to
adopt comparable amendments within six months of OSHA's promulgation of
the final rule, unless they demonstrate that such a change is not
necessary because their existing standards are already the same, or at
least as effective, as OSHA's new final rule. State Plans would also be
permitted to choose to conform to other proposed revisions, including
the proposed provision allowing compliance with other consensus
standards that are at least as protective as the applicable consensus
standard incorporated by reference. OSHA seeks comment on this
assessment of its proposal.
F. Unfunded Mandates Reform Act of 1995
OSHA reviewed this notice of proposed rulemaking according to the
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and
Executive Order 13132 (64 FR 43255) (1999). As discussed above in
Section III.B (``Preliminary Economic Analysis and Regulatory
Flexibility Certification'') of this preamble, OSHA preliminarily
determined that the proposed rule would not impose additional costs on
any private-sector or public-sector entity employers.
As noted above under Section III.E (``State Plan States'') of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this rulemaking does not meet the definition
of a ``Federal intergovernmental mandate.'' See 2 U.S.C. 658(5).
Therefore, for the purposes of the UMRA, OSHA certifies that this
proposed rule would not mandate that state, local, or tribal
governments adopt new, unfunded regulatory obligations, or increase
expenditures by the private sector of more than $100 million in any
year.
G. Consultation and Coordination With Indian Tribal Governments
OSHA reviewed this notice of proposed rulemaking in accordance with
Executive Order 13175, 65 FR 67249 (2000), and determined that it does
not have ``tribal implications'' as defined in that order. If
finalized, this rule would not have substantial direct effects on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
H. Consultation With the Advisory Committee on Construction Safety and
Health
Under 29 CFR parts 1911 and 1912, OSHA must consult with the
Advisory Committee on Construction Safety and Health (ACCSH),
established pursuant to section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704), in setting standards for
construction work. Specifically, 29 CFR 1911.10(a) requires the
Assistant Secretary to provide ACCSH with a draft proposed rule (along
with pertinent factual information) and give ACCSH an opportunity to
submit recommendations. See also 29 CFR 1912.3(a).
On July 1, 2020, OSHA presented its proposal to update the agency's
powered industrial trucks standards, including its construction
standard at 29 CFR 1926.602, to ACCSH. The Committee subsequently
passed a motion recommending that the agency move forward in the
rulemaking process. (See the minutes from the meeting, Docket No. 2020-
0003).
List of Subjects in 29 CFR Parts 1910 and 1926
Incorporation by reference, Occupational safety and health, Powered
industrial trucks.
Authority and Signature
Douglas L. Parker, Assistant Secretary for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210, authorized the preparation of this document. OSHA
is issuing this document pursuant to 29 U.S.C. 653, 655, and 657; 40
U.S.C. 3701 et seq.; 5 U.S.C. 553; Secretary of Labor's Order 8-2020,
85 FR 58393 (2020); and 29 CFR part 1911.
Signed at Washington, DC, on January 7, 2022.
Douglas L. Parker,
Assistant Secretary for Occupational Safety and Health.
Amendments to Standards
For the reasons stated above in the preamble, the Occupational
Safety and Health Administration proposes to amend 29 CFR parts 1910
and 1926 as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
0
1. The authority citation for subpart A of part 1910 is revised to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), 1-2012
(77 FR 3912), or 8-2020 (85 FR 58393), as applicable.
Sections 1910.6, 1910.7, 1910.8, and 1910.9 also issued under 29
CFR part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701,
29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113, 113 Stat. 1501A-222;
Pub. L. 111-8, 123 Stat. 524, and Pub. L. 111-317, 124 Stat. 3454;
and OMB Circular A-25 (58 FR 38142).
0
2. Amend Sec. 1910.6 by:
0
a. Redesignating paragraphs (e)(30), (32), and (34) as paragraphs
(e)(33), (34), and (35), respectively;
0
b. Adding new paragraph (e)(30), paragraph (e)(31), and new paragraph
(e)(32); and
0
c. In newly redesignated paragraph (e)(34), removing
``1910.266(e)(2)(i)'' and adding ``Sec. 1910.266(e)(2)(i)'' in its
place.
The additions read as follows:
Sec. 1910.6 Incorporation by reference.
* * * * *
(e) * * *
[[Page 8763]]
(30) ANSI/ITSDF B56.1-2020, Safety Standards for Low Lift and High
Lift Trucks; IBR approved for Sec. 1910.178(a).
(31) ANSI/ITSDF B56.5-2019, Safety Standard for Driverless,
Automatic Guided Industrial Vehicles and Automated Functions of Manned
Industrial Vehicles; IBR approved for Sec. 1910.178(a).
(32) ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain
Forklift Trucks; IBR approved for Sec. 1910.178(a).
* * * * *
Subpart N--[Amended]
0
3. The authority citation for subpart N of part 1910 is revised to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), 1-2012 (77 FR
3912), or 8-2020 (85 FR 58393), as applicable; and 29 CFR part 1911.
0
4. Amend Sec. 1910.178 by revising paragraphs (a)(2) and (3) to read
as follows:
Sec. 1910.178 Powered industrial trucks.
(a) * * *
(2)(i) All powered industrial trucks manufactured before [DATE 30
DAYS AFTER PUBLICATION OF THE FINAL RULE] and used by an employer shall
meet the design and construction requirements for powered industrial
trucks established in either:
(A) The ``American National Standard for Powered Industrial Trucks,
Part II, ANSI B56.1-1969,'' which is incorporated by reference in Sec.
1910.6; or
(B) The applicable ANSI B56 standard in table 1 to this paragraph
(a)(2).
(ii) Powered industrial trucks manufactured before [DATE 30 DAYS
AFTER PUBLICATION OF THE FINAL RULE] that the employer can demonstrate
are at least as protective as powered industrial trucks that are
designed and constructed in accordance with one of the consensus
standards listed in paragraph (a)(2)(i) of this section will be deemed
to be in compliance with the requirements of paragraph (a)(2)(i) of
this section.
(iii) All powered industrial trucks manufactured on or after [DATE
30 DAYS AFTER PUBLICATION OF THE FINAL RULE] and used by an employer
shall meet the design and construction requirements for powered
industrial trucks established by the applicable ANSI B56 standard in
table 1 to this paragraph (a)(2).
(iv) Powered industrial trucks manufactured on or after [DATE 30
DAYS AFTER PUBLICATION OF THE FINAL RULE] that the employer can
demonstrate are at least as protective as powered industrial trucks
that are designed and constructed in accordance with the applicable
ANSI B56 standard in table 1 to this paragraph (a)(2) will be deemed to
be in compliance with the requirements of paragraph (a)(2)(iii) of this
section.
Table 1 to Paragraph (a)(2)
------------------------------------------------------------------------
Design and construction requirements for powered industrial trucks in
ANSI B56 \1\
-------------------------------------------------------------------------
ANSI/ITSDF B56.1--2020, Safety Standard for Low Lift and High Lift
Trucks.
ANSI/ITSDF B56.5--2019, Safety Standard for Driverless, Automatic Guided
Industrial Vehicles and Automated Functions of Manned Industrial
Vehicles.
ANSI/ITSDF B56.6--2021, Safety Standard for Rough Terrain Forklift
Trucks.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec. 1910.6.
(3) Approved trucks shall bear a label or some other identifying
mark indicating approval by the testing laboratory. See paragraph
(a)(7) of this section and paragraph 405 of ANSI B56.1-1969 or the
design and construction requirements of the applicable ANSI B56
standard in table 1 to paragraph (a)(2) of this section, which require
powered industrial trucks that are accepted by a nationally recognized
testing laboratory to be so marked.
* * * * *
PART 1926--[AMENDED]
Subpart A--[Amended]
0
5. The authority citation for subpart A of part 1926 is revised to read
as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
0
6. Amend Sec. 1926.6 by adding paragraphs (e)(17) through (19) to read
as follows:
Sec. 1926.6 Incorporation by reference.
* * * * *
(e) * * *
(17) ANSI/ITSDF B56.1-2020, Safety Standards for Low Lift and High
Lift Trucks; IBR approved for Sec. 1926.602(c).
(18) ANSI/ITSDF B56.5-2019, Safety Standard for Driverless,
Automatic Guided Industrial Vehicles and Automated Functions of Manned
Industrial Vehicles; IBR approved for Sec. 1926.602(c).
(19) ANSI/ITSDF B56.6-2021, Safety Standard for Rough Terrain
Forklift Trucks; IBR approved for Sec. 1926.602(c).
* * * * *
Subpart O--[Amended]
0
7. The authority citation for subpart O of part 1926 is revised to read
as follows:
Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR
58393), as applicable. Section 1926.602 also issued under 29 CFR
part 1911.
0
8. Amend Sec. 1926.602 by revising paragraph (c)(1)(v) and (vi) to
read as follows:
Sec. 1926.602 Material handling equipment.
* * * * *
(c) * * *
(1) * * *
(v) All high-lift rider industrial trucks shall be equipped with
overhead guards which meet the design requirements provided in
paragraph (c)(1)(vi) of this section.
(vi)(A) All industrial trucks manufactured before [DATE 30 DAYS
AFTER PUBLICATION OF THE FINAL RULE] and used by an employer shall meet
the design and construction requirements for powered industrial trucks
established in either:
(1) The ``American National Standard for Powered Industrial Trucks,
Part II, ANSI B56.1-1969,'' which is incorporated by reference in Sec.
1926.6; or
(2) The applicable ANSI B56 standard in table 1 to this paragraph
(c)(1)(vi).
(B) Powered industrial trucks manufactured before [DATE 30 DAYS
AFTER PUBLICATION OF THE FINAL
[[Page 8764]]
RULE] that the employer can demonstrate are at least as protective as
powered industrial trucks that are designed and constructed in
accordance with one of the consensus standards listed in paragraph
(c)(1)(vi)(A) of this section will be deemed to be in compliance with
the requirements of paragraph (c)(1)(vi)(A) of this section.
(C) All industrial trucks manufactured on or after [DATE OF
PUBLICATION OF THE FINAL RULE] and used by an employer shall meet the
design and construction requirements for powered industrial trucks
established in the applicable ANSI B56 standard in table 1 to this
paragraph (c)(1)(vi).
(D) Powered industrial trucks manufactured on or after [DATE 30
DAYS AFTER PUBLICATION OF THE FINAL RULE] that the employer can
demonstrate are at least as protective as powered industrial trucks
that are designed and constructed in accordance with the applicable
ANSI B56 standard in table 1 to this paragraph (c)(1)(vi) will be
deemed to be in compliance with the requirements of paragraph
(c)(1)(vi)(C) of this section.
(E) All industrial trucks in use shall meet the applicable
requirements of stability, inspection, testing, maintenance, and
operation, as defined in American National Standards Institute B56.1-
1969, Safety Standards for Powered Industrial Trucks.
Table 1 to Paragraph (c)(1)(vi)
------------------------------------------------------------------------
Design and construction requirements for powered industrial trucks in
ANSI B56 \1\
-------------------------------------------------------------------------
ANSI/ITSDF B56.1--2020, Safety Standard for Low Lift and High Lift
Trucks.
ANSI/ITSDF B56.5--2019, Safety Standard for Driverless, Automatic Guided
Industrial Vehicles and Automated Functions of Manned Industrial
Vehicles.
ANSI/ITSDF B56.6--2021, Safety Standard for Rough Terrain Forklift
Trucks.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec. 1926.6.
* * * * *
[FR Doc. 2022-01155 Filed 2-15-22; 8:45 am]
BILLING CODE 4510-26-P