NDA submits comments to OSHA on forklifts

The National Demolition Association (NDA), in conjunction with the Construction Industry Safety Coalition (CISC), submitted written comments in response to the Occupational Safety and Health Administration’s (OSHA) request for information on powered industrial trucks (PITs), commonly referred to as forklifts or lift trucks.

OSHA requested comments regarding the types, age and usage of PITs; maintenance and retrofitting of PITs; how to regulate older PITs; types of accidents and injuries associated with operation of PITs; costs and benefits of retrofitting PITs with safety features; and costs and benefits of all other components of a safety program.

Below is a summary of the comments submitted by NDA and CISC:

• NDA strongly believes that any rulemaking that OSHA undertakes to review the PIT standards for construction should be pursued separately from general industry/maritime rulemakings and should be led by OSHA’s Directorate of Construction.

• The appropriate baseline consensus standard for PITs in construction is ANSI B56.6-2016, “Safety standard for rough terrain forklift trucks,” which addresses rough terrain forklifts, the predominate vehicle used in construction. 

• Before engaging in any rulemaking on PITs in construction, OSHA must first notify the U.S. Small Business Administration’s Office of Advocacy and convene a small-business advocacy review panel under the Small Business Regulatory Enforcement Fairness Act to elicit views of small contractors on the requirements and OSHA’s proposed approach.

• OSHA must carefully review injury data in construction before proceeding with rulemakings to determine if additional requirements are necessary.

• OSHA must specifically consider the multiemployer construction environment, and its unique challenges with PITs, in determining any regulatory or non-regulatory approach to the issue.

• OSHA should limit reliance on manufacturers’ instructions when promulgating any requirements and refrain from “incorporating by reference” those instructions into OSHA standards.