Powered Industrial Trucks Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

Published date16 October 2020
Citation85 FR 65876
Record Number2020-22884
SectionNotices
CourtOccupational Safety And Health Administration
Federal Register, Volume 85 Issue 201 (Friday, October 16, 2020)
[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
                [Notices]
                [Pages 65876-65878]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-22884]
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                DEPARTMENT OF LABOR
                Occupational Safety and Health Administration
                [Docket No. OSHA-2011-0062]
                Powered Industrial Trucks Standard; Extension of the Office of
                Management and Budget's (OMB) Approval of Information Collection
                (Paperwork) Requirements
                AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
                ACTION: Request for public comments.
                -----------------------------------------------------------------------
                SUMMARY: OSHA solicits public comments concerning the proposal to
                extend the Office of Management and Budget's (OMB) approval of the
                information collection requirements specified in the Powered Industrial
                Trucks Standard. The information collection requirements address truck
                design, construction and modification, as well as certification of
                training and evaluation for truck operators.
                DATES: Comments must be submitted (postmarked, sent, or received) by
                December 15, 2020.
                ADDRESSES:
                 Electronically: You may submit comments and attachments
                electronically at http://www.regulations.gov, which is the Federal
                eRulemaking Portal. Follow the instructions online for submitting
                comments.
                 Facsimile: If your comments, including attachments, are not longer
                than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
                1648.
                 Mail, hand delivery, express mail, messenger, or courier service:
                When using this method, you must submit a copy of your comments and
                attachments to the OSHA Docket Office, Docket No. OSHA-2011-0062, U.S.
                Department of Labor, Occupational Safety and Health Administration,
                Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
                Deliveries (hand, express mail, messenger, and courier service) are
                accepted during the Department of Labor's and Docket Office's normal
                business hours, 10:00 a.m. to 3:00 p.m., ET. Please note: While OSHA's
                Docket Office is continuing to accept and process submissions by
                regular mail, due to the COVID-19 pandemic, the Docket Office is closed
                to the public and not able to receive submissions to the docket by
                hand, express mail, messenger, and courier service.
                 Instructions: All submissions must include the agency name and the
                OSHA docket number (OSHA-2011-0062) for the Information Collection
                Request (ICR). All comments, including any personal information you
                provide, such as social security number and date of birth, are placed
                in the public docket without change, and may be made available online
                at http://www.regulations.gov. For further information on submitting
                comments, see the ``Public Participation'' heading in the section of
                this notice titled SUPPLEMENTARY INFORMATION.
                 Docket: To read or download comments or other material in the
                docket, go to http://www.regulations.gov or the OSHA Docket Office at
                the address above. All documents in the docket (including this Federal
                Register notice) are listed in the http://www.regulations.gov index;
                however, some information (e.g., copyrighted material) is not publicly
                available to read or download from the website. All submissions,
                including copyrighted material, are available for inspection and
                copying at the OSHA Docket Office. You may also contact Theda Kenney at
                the address below to obtain a copy of the ICR.
                FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
                Directorate of Standards and Guidance,
                [[Page 65877]]
                OSHA, U.S. Department of Labor; telephone (202) 693-2222.
                SUPPLEMENTARY INFORMATION:
                I. Background
                 The Department of Labor, as part of the continuing effort to reduce
                paperwork and respondent (i.e., employer) burden, conducts a
                preclearance consultation program to provide the public with an
                opportunity to comment on proposed and continuing information
                collection requirements in accordance with the Paperwork Reduction Act
                of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
                information is in the desired format, reporting burden (time and costs)
                is minimal, collection instruments are clearly understood, and OSHA's
                estimate of the information collection burden is accurate. The
                Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
                et seq.) authorizes information collection by employers as necessary or
                appropriate for enforcement of the OSH Act or for developing
                information regarding the causes and prevention of occupational
                injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
                requires that OSHA obtain such information with minimum burden upon
                employers, especially those operating small businesses, and to reduce
                to the maximum extent feasible unnecessary duplication of efforts in
                obtaining information (29 U.S.C. 657).
                 Paragraph (a)(4) of the Powered Industrial Trucks Standard requires
                employers to obtain the manufacturer's written approval before
                modifying a truck in a manner that affects the capacity and safe
                operation; if the manufacturer grants such approval, the employer must
                revise capacity, operation, and maintenance instruction plates, tags,
                and decals accordingly. For front-end attachments not installed by the
                manufacturer, paragraph (a)(5) mandates that employers provide a marker
                on the trucks that identifies the attachment, as well as the weight of
                both the truck and the attachment when the attachment is at maximum
                elevation with a laterally centered load. Paragraph (a)(6) specifies
                that employers must ensure that the markers required by paragraphs
                (a)(3) through (a)(5) remain affixed to the trucks and are legible.
                 Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork
                requirements necessary to certify the evaluation and training provided
                to powered industrial truck operators. Accordingly, these paragraphs
                specify the following requirements for employers.
                 Paragraph (1)(4)(iii)--evaluate each operator's
                performance at least once every three years.
                 Paragraph (l)(6)--Certify that each operator meets the
                training and evaluation requirements specified by paragraph (l). This
                certification must include the operator's name, the training date, the
                evaluation date, and the identity of the individual(s) who performed
                the training and evaluation.
                 Requiring labels (markings) on modified equipment notifies workers
                of the conditions under which they can safely operate powered
                industrial trucks, thereby preventing such hazards as fires and
                explosions caused by poorly designed electrical systems, rollovers/
                tipovers that result from exceeding a truck's stability
                characteristics, and falling loads that occur when loads exceed the
                lifting capacities of attachments. Certification of worker training and
                evaluation provides a means of informing employers that their workers
                received the training and demonstrated the performance necessary to
                operate a truck within the capacity and control limitations. By
                ensuring that workers operate only trucks that are in proper working
                order, and do so safely, employers prevent possible severe injury or
                death of truck operators and other workers who are in the vicinity of
                the trucks. Finally, these paperwork requirements are the most
                efficient means for an OSHA compliance officer to determine that an
                employer properly notified workers about the design and construction
                of, and modifications made to, the trucks they are operating, and that
                an employer provided them with the required training.
                II. Special Issues for Comment
                 OSHA has a particular interest in comments on the following issues:
                 Whether the proposed information collection requirements
                are necessary for the proper performance of the agency's functions,
                including whether the information is useful;
                 The accuracy of OSHA's estimate of the burden (time and
                costs) of the information collection requirements, including the
                validity of the methodology and assumptions used;
                 The quality, utility, and clarity of the information
                collected; and
                 Ways to minimize the burden on employers who must comply;
                for example, by using automated or other technological information
                collection and transmission techniques.
                III. Proposed Actions
                 OSHA is proposing to increase the existing burden hour estimate of
                the collection of information requirements specified by the Standard.
                In this regard, the agency is proposing to increase the current burden
                hour estimate from 427,866 hours to 450,023 hours, a total increase of
                22,257 hours. An increase in the number of powered industrial truck
                operators from 1,210,679 to 1,276,055 resulted in this increase. The
                agency will summarize the comments submitted in response to this notice
                and will include this summary in the request to OMB.
                 Type of Review: Extension of a currently approved collection.
                 Title: Powered Industrial Trucks (29 CFR 1910.178).
                 OMB Control Number: 1218-0242.
                 Affected Public: Business or other for-profits.
                 Number of Respondents: 1,276,055.
                 Number of Responses: 2,526,588.
                 Frequency of Reponses: On occasion; annually; triennially.
                 Average Time per Response: Ranges from two minutes to mark an
                approved truck to 30 minutes to perform an evaluation.
                 Estimated Total Burden Hours: 450,023.
                 Estimated Cost (Operation and Maintenance): $256,626.
                IV. Public Participation--Submission of Comments on this Notice and
                Internet Access to Comments and Submissions
                 You may submit comments in response to this document as follows:
                (1) Electronically at http://www.regulations.gov, which is the Federal
                eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
                comments, attachments, and other materials must identify the agency
                name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
                0062). You may supplement electronic submissions by uploading document
                files electronically. If you wish to mail additional materials in
                reference to an electronic or facsimile submission, you must submit
                them to the OSHA Docket Office (see the section of this notice titled
                ADDRESSES). The additional materials must clearly identify your
                electronic comments by your name, date, and the docket number so that
                the agency can attach them to your comments.
                 Because of security procedures, the use of regular mail may cause a
                significant delay in the receipt of comments. For information about
                security procedures concerning the delivery of materials by hand,
                express delivery, messenger, or courier service, please contact the
                OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
                [[Page 65878]]
                 Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
                submitting personal information such as social security numbers and
                date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
                material) is not publicly available to read or download from this
                website. All submissions, including copyrighted material, are available
                for inspection and copying at the OSHA Docket Office. Information on
                using the http://www.regulations.gov website to submit comments and
                access the docket is available at the website's ``User Tips'' link.
                Contact the OSHA Docket Office for information about materials not
                available from the website, and for assistance in using the internet to
                locate docket submissions.
                V. Authority and Signature
                 Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
                Occupational Safety and Health, directed the preparation of this
                notice. The authority for this notice is the Paperwork Reduction Act of
                1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
                (77 FR 3912).
                 Signed at Washington, DC, on October 9, 2020.
                Loren Sweatt,
                Principal Deputy Assistant Secretary of Labor for Occupational Safety
                and Health.
                [FR Doc. 2020-22884 Filed 10-15-20; 8:45 am]
                BILLING CODE 4510-26-P
                

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