Powered Industrial Trucks Design Standard Update

CourtLabor Department,Occupational Safety And Health Administration
Citation87 FR 8755
Record Number2022-01155
SectionProposed rules
Published date16 February 2022
Federal Register, Volume 87 Issue 32 (Wednesday, February 16, 2022)
[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
                

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