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Trucking Industry and the OSHA Standards.
OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, dock, construction site, and in other places truckers go to deliver and pick up loads throughout the country. While OSHA does not regulate self-employed truckers, it does regulate workplaces to which the truckers deliver goods and the workers which receive those goods.

This page provides links to those OSHA standards as well as references related to OSHA enforcement policy such as directives, interpretation letters and whistleblower protection.

Federal OSHA Standards

the famous "General Duty Clause"

Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act". In addition to the specific OSHA standards listed below, there are national consensus standards which OSHA could consider referencing in a general duty clause citation.

The following OSH Act, standards, directives and interpretations may be applicable to the trucker depending on the location, activity, type of material handled and industry:

Section 4(b)1

OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

For example:
 

  • While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads. 
  • While operating at an airport, if there is an operational plan negotiated between the carrier and the Federal Aviation Administration (FAA) that covers a working condition, then the FAA has jurisdiction.
  • Due to the DOT brake regulation, OSHA does not cite for failure to chock trailer wheels if the vehicle is otherwise adequately secured. DOT's regulation preempts enforcement and DOT has jurisdiction. However, if the vehicle is an intrastate truck, OSHA has jurisdiction. Only another Federal agency may preempt OSHA's jurisdiction.


 

Note: Twenty-six states have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these States adopt standards that are identical to Federal OSHA. However, some States have adopted different standards applicable to this industry or may have different enforcement policies.



Trucking companies must comply with all the General Industry standards (29 CFR 1910). The following specific standards are the most frequently cited for this industry (SIC code 42).
 

Other commonly cited OSHA standards for this industry are:
 

Directives
 

Interpretations and Compliance Letters
 

  • Review of Policy on Section 4(b)(1) of the Act. OSHA (1989, July 10) The most recent decisions even more clearly articulate the scope of Section 4(b)(1); that is, if the other agency's regulation (or the lack of one) does not cover the hazard in question, then the OSH Act's requirements are not preempted. The terms "working conditions" and "gap theory," are discussed. For example, if the Office of Motor Carrier Safety (OMCS) has a regulation addressing a certain working condition (or hazard), then OSHA would be preempted from applying its standards to that hazard.

Highway Driving
 

  • Cross-view back-up mirrors on delivery trucks. OSHA (1997, January 24), 2 pages. OSHA has no specific regulations requiring the installation of "cross-view" mirrors on delivery vehicles. At present, OSHA has no specific standards that address motor vehicle safety in general industry workplaces, including the installation of safety devices on motor vehicles. OSHA's jurisdiction over motor vehicles is limited to vehicles operated in the workplace and not over public roads.
  • DOT has jurisdiction of the trucking industry. OSHA (1992, January 13), 1 page. The Department of Transportation (DOT) has the authority and responsibility for promulgating and enforcing regulations related to the trucking industry.
  • Motor vehicle accidents are not within OSHA's jurisdiction. OSHA (1992, January 13), 2 pages. Motor vehicle accidents at railroad crossings do not fall within OSHA's jurisdiction; rather, the Federal Railroad Administration (FRA) has jurisdiction in this matter.
  • Safety requirements applicable to lunch and rest breaks during an employee's workday. OSHA (1986, January 24), 4 pages. Regulations promulgated under the Motor Carrier Safety Act, administered by the Department of Transportation, require that those employed in driving commercial vehicles involved in interstate commerce shall accumulate (1) no more than 10 hours of driving time consecutively, (2) no more than 15 hours of on-duty (on-the-job but not necessarily at the wheel) time following each 8 hour off-duty period and, (3) no more than 70 hours of driving time within any eight day period.

Loading and Unloading
 

  • Host employers may require site-specific forklift training of visiting workers. OSHA (1999, October 28), 2 pages. This letter indicates that employers are entitled to require that employees who operate power pallet jacks have a  training beyond that required by the regulation and that they be trained specifically in the equipment and conditions at its worksite.
  • Applicability of the HCS to diesel exhaust emissions and diesel fuel. OSHA (1998, December 22), 3 pages. Diesel exhaust emissions are not covered by the HCS. Diesel fuel however is covered by the HCS and any known hazards associated with this fuel must be reported on the material safety data sheet, including the hazards associated with the combustion of the fuel. Vehicle operators would not be covered while operating a motor vehicle, however operators would be covered while performing terminal operations.
  • Trailer trucks must be restrained/chocked during forklift dock operations. OSHA (1998, March 4), 2 pages. Trailer creep and trailer pull away have long been recognized as a problem in dock operations. Trailers must be properly chocked to prevent movement, If restraint systems are not used,
  • Letter concerning OSHA Instruction STD 1-11.7. OSHA (1981, September 3), 1 page. This means that trucks and trailers may be secured to the dock in lieu of chocks or blocks during loading or unloading operations when using powered industrial trucks.
  • Wire rope were used as a bull wire. OSHA (1976, August 20), 1 page. Rigging Equipment for Material Handling, Wire Rope, 1926.251(c)(3), states that: "Wire rope shall not be secured by knots, except on haul back lines on scrapers." In addition, if this wire rope is used as a bull wire, then 1926.251(c)(4)(iii) requires that the eyes in bull wires shall not be formed by knots or wire rope clips. The above standards recognize the hazard of tying knots in wire ropes used for hoisting, lowering, or pulling loads.

Transporting Hazardous Material
 

  • Clarification of systems for electronic access to MSDSs.OSHA (1999, February 18), 2 pages. This letter provides an explanation of the Hazard Communication Standard related to MSDSs. The mobile worksite provision allows employees who travel between worksites during the work shift to phone-in for hazard information. In this situation, employees have access to the MSDSs prior to leaving the worksite and upon returning. The telephone system, therefore, is seen as an emergency arrangement.
  • Vehicle operations on hazardous waste sites. OSHA (1992, April 2), 3 pages. Most of the responsibility for regulation of over-the-road vehicle operations belongs to the Department of Transportation. However, if the employer gives the truck driver responsibility to respond to emergency spills of hazardous substances or directs the driver to drive onto hazardous waste sites, then the driver is covered by OSHA's Hazardous Waste Operations and Emergency Response standard.
  • Emergency response in the trucking industry. OSHA (1991, April 3), 3 pages. Each container of hazardous chemicals must be labeled, tagged or marked with the identity of the hazardous chemical, an appropriate hazard warning, and the name and address of the chemical manufacturer, importer, or other responsible party.
  • Training requirements for drivers hauling hazardous waste. OSHA (1991, June 7), 3 pages. The training under 29 CFR 1910.120(q)(6) depends on the duties and functions to be performed by the truck driver. If the truck driver is expected to stop dangerous leaks and clean up the spills, then training at the hazardous materials technician or hazardous materials specialist level is appropriate.

Whistleblower Protection
 

Section 405 of the Surface Transportation Assistance Act (STAA) provides protection from reprisal by employers for truckers and certain other employees in the trucking industry involved in activity related to interstate commercial motor vehicle safety and health. Secretary of Labor's Order No. 9-83 (48 FR 35736, August 5, 1983) delegated authority to the Assistant Secretary of OSH to investigate and issue findings and preliminary orders under Section 405.

Employees who believe they have been discriminated against for exercising their rights under Section 405 can file a complaint with OSHA within 180 days of the incident. The Secretary will investigate the complaint and, within 60 days after it was filed, issue findings as to whether there is a reason to believe Section 405 has been violated.

If the Secretary finds that a complaint has merit, he/she also will issue an order requiring, where appropriate, abatement of the violation, reinstatement with back pay and related compensation, payment of compensatory damages, and the payment of the employee's expenses in bringing the complaint. Either the employee or employer may object to the findings. If no objection is filed within 30 days, the finding and order are final. If a timely filed objection is made, however, the objecting party is entitled to a hearing on the objection before an Administrative Law Judge of the Department of Labor.

Within 120 days of the hearing, the Secretary will issue a final order. A party aggrieved by the final order may seek judicial review in a court of appeals within 60 days of the final order.

The following activities that may be performed by truckers and certain employees involved in inter-state commercial motor vehicle operation are protected under Section 405:
 

  • Filing of safety or health complaints with OSHA or another regulatory agency relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order.
  • Instituting or causing to be instituted any proceedings relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order.
  • Testifying in any such proceedings relating to the above items.
  • Refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health; or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of the equipment.
  • Complaints under Section 405 are filed in the same manner as complaints under 11(c). The filing period for Section 405 is 180 days from the alleged discrimination, rather than 30 days as under Section 11(c).

 

 

 

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