Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.


May 11, 1994

Mr. Norman G. Jorgensen
International Longshoremen's and Warehousemen's Union
Local No. 13
231 West C Street
Wilmington, California 90744

Dear Mr. Jorgensen:

Thank you for your letter of January 31, addressed to Assistant Secretary Joseph Dear, regarding the lifting of two loaded freight containers connected together by self-locking cones. This information is provided as a follow-up to the letter of February 16, 1994 from Thomas J. Shepich, Director, [Directorate of Standards and Guidance].

Although this practice is not specifically addressed in OSHA's Maritime Regulations, we agree it is an unsafe practice. As cargo often shifts in sealed freight containers, there is no practical way to determine how the weight is distributed and as a result, there is no way of knowing how much stress is being applied to the locking cones or containers.

Industry experts (e.g., American Bureau of Shipping) consider the hoisting of two loaded containers to be a hazardous practice that could result in the death or serious injury of an employee. Therefore, the Occupational Safety and Health Administration (OSHA) can cite the employer under the general duty clause (Section 5(a)(1) of the Occupational Safety and Health Act) for failure to furnish his employees a place of employment free from recognized hazards that are likely to cause death or serious physical harm.

Should you observe this hazardous practice in the future please do not hesitate to notify the nearest OSHA field office for action. Any additional inquires on the subject in your area should be addressed to:
[US DOL OSHA - Region IX
71 Stevenson Street, Room 420
San Francisco, California 94105
(415) 975-4310 (Main Public - 8:00 AM - 4:30 PM Pacific)
(800) 475-4019 (For Technical Assistance)
(800) 475-4020 (For Complaints - Accidents/Fatalities)]
We appreciate your continued interest in safety and health matters.

Sincerely,


John B. Miles, Jr., Director
[Directorate of Enforcement Programs]

[Corrected 10/22/2004]

Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents