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.

29 CFR 1926.601(b)(8)

(Letter undated)

Mr. Templeton Smith
Law Department
Koppers Company, Inc.
1550 Koppers Building
Pittsburgh, Pennsylvania 15219

Dear Mr. Smith:

Assistant Secretary John H. Stender has asked me to response to your letter dated June 25, 1975, requesting a permanent variance from Section 1926.601(b)(8) - Motor Vehicles, of the Occupational Safety and Health Administration.

Apparently, our letters dated June 17, 1974 and May 27, 1975, did not reach you (copies enclosed).

In your telephone conversation with Mr. Concannon, of my staff on July 1, 1975, you stated that your employees enter your company bus at the Jones and Laughlin Steel Company parking lot and are transported approximately one mile over paved, flat and level road used by public traffic (Steel Company employees). Upon discharge from the bus, your employees walk the remaining 200 to 300 feet to their jobsite.

Based on the above information, it appears that your work practices in this instance are not covered by Section 1926.601. Section 1926.601(a) states, in part, motor vehicles as covered by this part are those vehicles that operate within an off-highway jobsite, not open to public traffic. The intent of this standard is to provide safe transportation for construction employees being transported to and from different locations under adverse conditions (uneven terrain, earth roadways, etc.) related to construction sites.

No further action will be taken on your variance application.

Sincerely,



Barry J. White
Associate Assistant Secretary for
Regional Programs

Enclosures