On June 2, 2003, OSHA revised and amended the 29CFR1910.178, Powered Industrial Trucks regulation by deleting the following (M)(12) - (M)(12)(iiii)paragraph:

(m)(12) Whenever a truck is equipped with vertical only, or vertical and horizontal controls elevatable with the lifting carriage or forks for lifting personnel, the following additional precautions shall be taken for the protection of personnel being elevated. (m)(12)(I) Use of a safety platform firmly secured to the lifting carriage and/or forks. (m)(12)(II) Means shall be provided whereby personnel on the platform can shut off power to the truck. (m)(12)(III) Such protection from falling objects as Indicated necessary by the operating conditions shall be provided.

This technical amendment deletes a Powered Industrial Trucks Standard covering the use of powered industrial trucks to lift personnel. It is being deleted because it was invalidly promulgated from a non-mandatory provision of a national consensus standard. Please refer to the Federal Register #68:32637-32638, dated June 2, 2003. The deletion of this entire paragraph (M)(12) does not permit the employer to allow any unsafe procedure when lifting personnel with a powered industrial truck.

Employers must be reminded that it is their total responsibility for creating and maintaining compliant, safe and healthful work environments for their employees. Violations sited by OSHA are subject to enforceable citations and fines imposed by the OSHA (5)(a)(1) General Duty Clause.

For additional information refer to OSHA's website: www.osha.gov