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 3, 1985

Mr. D. Quigel
Transportation Director
Stockton, CA 95203

Dear Mr. Quigel:

The scope of 29 CFR 1910.177(a)(2) stipulates that the section does not apply to employers regulated under the Construction Safety Standards, Agriculture Standards or the Maritime Standards.

This is the way the regulation is written, although there is just as much a hazard if the tire is changed for a manufacturing company or if it is an off highway vehicle for a construction company.

The only way OSHA could cite when employers are covered under 1926, 1928 or 1915, is under 5(a)(1) of the act, e.g., the employer provide a safe and healthful workplace; and the violation would be serious. Changing large vehicle tires have proven to be serious.

Thank you for your interest in safety.


Technical Engineer
Office of Technical Support