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MOSH Standard Notice 04-1 - MOSH Standard Notices

TO: All MOSH Personnel
FROM: Cheryl Kammerman, Assistant Commissioner
SUBJECT: Adoption and Enforcement of Amendments, Additions and Revisions to 29 CFR 1910.178 – Powered Industrial Trucks
EFFECTIVE DATE: January 5, 2004
DATE: January 21, 2004

A.   Background

  1. On June 2, 2003, OSHA issued a final rule amending its occupational safety and health standard relating to Powered Industrial Trucks. This final rule provides for a technical amendment that deletes a powered industrial trucks standard (29 CFR 1910.178(m)(12)) covering the use of powered industrial trucks to lift personnel.The portion of the standard was invalidly promulgated from a non-mandatory provision of a national consensus standard and is unenforceable by OSHA.
  2. On December 2, 2003, the Commissioner of Labor and Industry adopted through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act – Incorporation by Reference of Federal Standards, the technical amendment under 29 CFR 1910.178 relating to Powered Industrial Trucks.

B.  Action

  1. The removal of 29 CFR 1910.178(m)(12) does not indicate that the hazards associated with elevating personnel on powered industrial trucks are not serious. If proper equipment, procedures, and training are not provided, the lifting of personnel with powered industrial trucks poses hazards likely to cause death or serious injury to employees. Section 5-104(a) of the MOSH Act requires employers to provide employees a place of employment that is free from recognized hazards that is causing or likely to cause death or serious physical harm. Therefore, OSHCOs will enforce the proper elevating of personnel on powered industrial trucks under Section 5-104(a).
    An identical standard applicable to construction, 29 CFR 1926.602(c)(1)(viii), was also invalidly promulgated. Although this standard is not included in this MSN, OSHCOs will use the general duty clause in both general industry and construction.
  2. MOSH Compliance personnel will enforce the adopted changes as provided in Attachment A.
  3. MOSH Supervisors will hold appropriate training sessions in each region to review the standard’s requirements.

cc: Commissioner Keith Goddard
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings