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.

November 18, 1974

MEMORANDUM FOR:    ALFRED BARDEN

Subject:           Clarification of 1926.601 and 1926.602

This is in reply to the request as outlined in your memoranda dated September 13, 1974, and November 4, 1974. I apologize for the delay in response to your request.

A review of the two standards has been completed.

The wording in 1926.602(a) applies only to that equipment which moves within the construction site.

The wording in 1926.602(a) was intended to apply to over-the-road vehicles, which are covered by Department of Transportation regulations, but are required to enter job sites on deliveries.

At the present time, 29 CFR 1926.601(a) is under proposed revision. Until the revision is completed, your must use whichever standard applies to the specific situation.

It should be noted that SAE J386-1969 is currently being revised to be consistent with 49 CFR 517.209 and 210.

Barry J. White Associate Assistant Secretary for Regional Programs