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 15, 1988

Mr. Edward T. Ponek
Director of Safety
Maher Terminals, Inc.
Journal Square Plaza
Jersey City, New Jersey 07306

Dear Mr. Ponek:

This is in response to your letter dated September 21, requesting an interpretation of 1918.85(b)(4).

The rule to which your refer specifically requires that outbound containers that are consolidated in a marine terminal shall be weighed. As your are aware, 1918.85(b)(3) only exempts the open type vehicle carrying container from this requirement.

However, your reasoning for extending this exemption to closed containers carrying only vehicles appears to have merit. You may wish to apply for a variance from the requirements of this standard, and also from 1917.71(b)(3) which is analogous, by writing to:

Mr. James J. Concannon
Office of Variance Determination
U.S. Department of Labor - OSHA
200 Constitution Avenue, N.W. Room N3653
Washington, D.C. 20210

We hope that this answers your question.

Sincerely,



Thomas J. Shepich, Director
Directorate of Compliance Programs