Amend Section 3668 to read:
Maintenance of Industrial Trucks. Powered Industrial Truck
(a) Safe Operation.
(1) The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this subsection.
(2) Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this subsection, except as permitted in subsection (e).
(b) Training program implementation. Trainees may operate a powered industrial truck only:
(1) Under the direct supervision of persons who have the knowledge, training and experience to train operators and evaluate their competence; and
(2) Where such operation does not endanger the trainee or other employees.
(3) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operators performance in the workplace.
(4) All operator training and evaluation shall be conducted by persons who have the knowledge, training and experience to train powered industrial truck operators and evaluate their competence.
(c) Training program content. Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to the safe operation of the truck in the employers workplace.
(1) Truck-related topics:
(A) Operating instructions, warnings, and precautions for the types of truck the operator will be authorized to operate;
(B) Differences between the truck and the automobile;
(C) Truck controls and instrumentation: where they are located, what they do, and how they work;
(D) Engine or motor operation;
(E) Steering and maneuvering;
(F) Visibility (including restrictions due to loading);
(G) Fork and attachment adaptation, operation, and use limitations;
(H) Vehicle capacity;
(I) Vehicle stability;
(J) Any vehicle inspection and maintenance that the operator will be required to perform;
(K) Refueling and/or charging and recharging of batteries;
(L) Operating limitations;
(M) Any other operating instructions, warnings, or precautions listed in the operators manual for the types of vehicle that the employee is being trained to operate.
(2) Workplace-related topics:
(A) Surface conditions where the vehicle will be operated;
(B) Composition of loads to be carried and load stability;
(C) Load manipulation, stacking, and unstacking;
(D) Pedestrian traffic in areas where the vehicle will be operated;
(E) Narrow aisles and other restricted places where the vehicle will be operated;
(F) Hazardous (classified) locations where the vehicle will be operated;
(G) Ramps and other sloped surfaces that could affect the vehicles stability;
(H) Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a build-up of carbon monoxide or diesel exhaust;
(I) Other unique or potentially hazardous environmental conditions in the workplace that could affect safe operation.
(d) Refresher training and evaluation. Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by subsection (d)(1) to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.
(1) Refresher training in relevant topics shall be provided to the operator when:
(A) The operator has been observed to operate the vehicle in an unsafe manner;
(B) The operator has been involved in an accident or near-miss incident;
(C) The operator has received an evaluation that reveals that the operator is not operating the truck safely;
(D) The operator is assigned to drive a different type of truck; or
(E) A condition in the workplace changes in a manner that could affect safe operation of the truck.
(2) An evaluation of each powered industrial truck operators performance shall be conducted at least once every three years.
(e) Avoidance of duplicative training. If an operator has previously received training in a topic specified in subsection (c) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely.
(f) Certification. The employer shall certify that each operator has been trained and evaluated as required by this section. The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.
(g) Dates. The employer shall ensure that operators of powered industrial trucks are trained, as appropriate, in accordance with the following dates:
(1) If the employee was hired before December 1, 1999, the initial training and evaluation of that employee must be completed by December 1, 1999;
(2) If the employee was hired after December 1, 1999, the initial training and evaluation of that employee must be completed before the employee is assigned to operate a powered industrial truck.
NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.