Must we retrofit our powered industrial trucks with seatbelts if they were not manufactured with them?

Generally, when an employer has been notified by a powered industrial truck manufacturer or association of the hazard of lift truck overturn and made aware of an operator restraint system retrofit program, then OSHA may cite Section 5(a)(1) of the OSH Act if the employer has not taken advantage of the program. OSHA recommends that employers who have powered industrial trucks that are not equipped with operator restraint systems should strongly consider contacting the appropriate powered industrial truck manufacturer for advice on obtaining and installing such devices for the prevention of an accident or injury from a lift truck overturn hazard.

In a letter of interpretation dated 03/08/2002 OSHA says:

“Question: Are employers still required to use a seat belt retrofit program, or are lift trucks manufactured without seatbelts exempt from the seat belt requirements listed in ANSI B56.1-1969?

Reply: Generally, OSHA may cite an employer for the lack of seatbelt use on powered industrial trucks, when the Agency can document that an employer has been specifically notified about and offered a retrofit program by the manufacturer but has not retrofitted an applicable powered industrial truck.”