National consensus standard ASME B56.1-1993 requires that use of an operator restraint system when equipped on a powered industrial truck. Therefore, OSHA would enforce the use of such a device under Section 5(a)(1) of the OSH Act.
Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act) requires employers to protect employees from serious and recognized hazards. Recognition of the hazard of powered industrial truck tip over and the need for the use of an operator restraint system is evidenced by certain requirements for powered industrial trucks at ASME B56.1-1993 - Safety Standard for Low Lift and High Lift Trucks. National consensus standard ASME B56.1-1993 requires that powered industrial trucks manufactured after 1992 must have a restraint device, system, or enclosure that is intended to assist the operator in reducing the risk of entrapment of the operator's head and/or torso between the truck and ground in the event of a tip over. Therefore, OSHA would enforce this standard under Section 5(a)(1) of the OSH Act.