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OSHA Instruction STP 2-1.141 DEC 2 1987 Office of State Programs

Subject: Servicing of Single Piece and Multi-Piece Rim Wheels at Marine Terminals

A. Purpose. This instruction describes a Federal program change to the Regions and State designees.

B. Scope. This instruction applies OSHA-wide.

C. Reference.

1. OSHA Instruction STP 2-1.98, March 7, 1980

2. OSHA Instruction STP 2-1.114, April 9, 1984.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs providing on-shore maritime coverage. Each Regional Administrator shall:

1. Ensure that this instruction is forwarded to each State designee.

2. Provide a copy of the Federal Register notice to the State designee upon request.

3. Explain the technical content of the Federal Register notice at 52 FR 36023, September 25, 1987, Servicing of Single Piece and Multi-Piece Rim Wheels at Marine Terminals, to the State designee upon request.

4. Ensure that each State designee acknowledges receipt of this instruction in writing, within 30 days of notification, to the Regional Administrator. The acknowledgment should include (a) the State's plan to adopt and implement the standard amendment (b) the State's plan to develop an alternative amendment, which is as effective, or (c) the reasons why no change is necessary to maintain a program which is as effective.

OSHA Instruction STP 2-1.141 DEC 2 1987 Office of State Programs

5. Inform each affected State designee that the State must amend its standard to ensure that it remains at least as effective as the amended 29 CFR 1910.177, and submit a plan supplement within 6 months of the date of Federal publication.

E. Explanation.

1. On February 3, 1984, OSHA issued a final General Industry Standard on the servicing of single piece and multi-piece rim wheels (49 FR 4338). That action amended 1910.177 by making minor revisions to the provisions for multi-piece rim wheels, and by adding provisions for the servicing of single piece rim wheels to the existing provisions for multi-piece rim wheels.

2. The Marine Terminals Standard, 29 CFR Part 1917, as published in 1983 (48 FR 30886), also included coverage for the servicing of multi-piece rim wheels (1917.44(o)). However, since the 1984 revision of the General Industry Standard occurred subsequent to issuance of the final rule for maritime terminals, single piece rim wheel coverage was not included within the framework of Part 1917. This final rule (52 FR 36023) bridges that existing gap in coverage.

3. Although not all States have extended coverage to the maritime issue, those which have not must still provide protection to public sector workers (State and local government) employed in marine terminal operations, either by adoption of this revision of 29 CFR 1917 for the public sector or through the application of existing State standards.

4. Under 29 CFR 1953.23(a) and (b), States are provided up to 6 months from publication in the Federal Register for adoption of parallel State standards and amendments.

John A. Pendergrass Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices State Designees

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