OSHA INSTRUCTION STD 1-11.3 OCTOBER 30, 1978

OSHA PROGRAM DIRECTIVE #100-63

TO: REGIONAL ADMINISTRATORS/OSHA

Subject: 29 CFR 1910.178(m)(6) Powered Industrial Trucks; Truck Operations

1. Purpose

The purpose of this directive is to give guidelines on citing 29 CFR 1910.178(m)(6) Powered Industrial Trucks; Truck Operations, when trucks use a door opening device for opening or closing railroad freight car doors.

2. Directives Affected

None.

3. Background

a. A proposed amendment to 29 CFR 1910.178(m)(6) allowing powered industrial trucks to open and close freight car doors by certain practices was published in the Federal Register, April 23, 1974. Current national consensus standards allow certain powered industrial trucks equipped with a specifically designed device to open and close railroad freight car doors.

b. The proposal and national consensus standards are in limited conflict with the subject standard, which states in part, that trucks shall not be used for opening or closing freight doors.

OSHA INSTRUCTION STD 1-11.3 OCTOBER 30, 1978

4. Action

When the movement of a powered industrial truck is used to open or close railroad freight car doors, and the truck is using an attached device specifically designed to open and close car doors, the violation of that part of 29 CFR 1910.178(m)(6) shall be considered "de minimis," when the following requirements have been met:

a. The design of the door opening device shall require the force applied by the device to the door to be in a direction parallel with the door travel.

b. The operator is trained in the use of the door opening device and keeps the operation in full view.

c. Employees, other than the operator, stand clear while the door is being moved.

5. Effective Date

This directive is effective upon receipt and will remain in effect until canceled or superseded.

Richard P. Wilson Deputy Director, Federal Compliance State Programs

DISTRIBUTION: A-1 E-1 B-2 HEW-1 C-1 NIOSH Regional Program Directors-1 D-4 & 5 NACOSH-1 Training Institute-4

(Originator:OCCS)