- Standard Number:
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.
December 10, 1984
Dear Mr. Sims:
This is in response to your letter of November 15, requesting clarification of the Occupational Safety and Health Administration's (OSHA) standards for motor vehicles.
The standard, 29 CFR 1926.601(a), applies to vehicles which are used for both highway and off highway purposes on a jobsite, which is not open to public traffic.
One ton flat bed trucks and some other motor vehicles which have rear view mirrors on each side and a window in the rear of the cab may or may not have an obstructed view to the rear of the vehicle. The position of the mirror, the size and location of the load, and the size and location of a window in the rear of the cab must be checked by the employer to ensure that the driver is provided unobstructed view (good visibility) of the rear of a motor vehicle, before allowing employees to back a vehicle without a reverse signal alarm or an observer.
If we may be of further assistance, please let us know.
John B. Miles, Jr., Director
Directorate of Field Operations
November 15, 1984
Occupational Safety and Health
Department of Labor
200 Constitution Avenue, Northwest
Washington, D.C. 20210
Pursuant to the introductory provisions of Volume 29 of the Code of Federal Regulations, I am writing to request the Department of Labor's legal interpretation or explanation of the regulation found at 29 CFR 1926.601. I am particularly interested in obtaining a summary of the type of motor vehicles which have been held to be covered by this section. Does this section apply to a vehicle which is used for both highway and off highway purposes on a job site which is not open to public traffic?
I am also interested in knowing what vehicles are considered to have an obstructed view to the rear. Does a one ton flat bed truck which has rear view mirrors on each side and a window in the rear of the cab have an obstructed view to the rear?
Any information you could provide me in regard to how 29 CFR 1926.601 has been interpreted would be appreciated. The case in which this issue has arisen will be tried on January 21, 1985. A prompt response will be appreciated.
Very truly yours,
HARDY, TERRELL & BOSWELL
Van F. Sims