Background: 29 CFR 1910.178(l)(2)(iii) states: 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.
Question #1: Can a person who has the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence, clarified in the letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2003-07-23, perform the evaluation virtually? In other words, can the employee demonstrate competence and knowledge of using power industrial trucks while being live streamed (i.e. synchronously recording at the same time as they are being evaluated) on a device such as a cell phone, tablet, or computer?
Response: In accordance with 29 CFR 1910.178(l)(2)(i)(A), trainees may only operate a powered industrial truck under the direct supervision [emphasis added] of a person with the knowledge, training, and experience to train operators and evaluate their competence. Direct supervision means the qualified individual who is observing and evaluating operators is physically located at the location where any practical training and evaluation takes place. Note that the content for practical training and evaluation of operators is performance-oriented and allows the employer to determine that the employee has successfully completed the training, including the classroom and practical training/demonstration elements.
Source: https://www.osha.gov/laws-regs/standardinterpretations/2025-04-01