April 14, 2004
Mr. Romeo Varricchio
280 56th Avenue
Canada H 8T 3BP
Dear Mr. Varricchio:
Thank you for your recent letter to the Occupational Safety and Health Administration (OSHA). Your letter has been referred to the Directorate of Enforcement Program's (DEP's) Office of General Industry Enforcement for an answer to your question regarding OSHA's powered industrial truck standard, 29 CFR 1910.178. Your question has been restated below for clarity.
Scenario: A forklift truck of sufficient capacity is used to raise a smaller walkie/rider pallet truck. The carriage is blocked with a bar or pipe of sufficient strength, and a "C" clamp is used to lock the pallet truck onto the forks before a mechanic does repairs under the pallet truck.
Question: Is this practice allowed under 29 CFR 1910.178?
Reply: No, this practice would not be in compliance with 29 CFR 1910.178(m)(2) which states: No person shall be allowed to stand or pass under the elevated portion of any truck, whether loaded or empty.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretations letters explain the 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. In addition, 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. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.
Richard E. Fairfax, Director
Directorate of Enforcement Programs