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.

June 7, 1989

Mr. M.M. Simer
Texaco Chemical Company
Post Office Box 847
Port Neches, Texas 77651

Dear Mr. Simer:

This is in response to your correspondence requesting interpretation of 29 CFR 1926.601(b)(8) and (9) concerning seat belts for passengers in the rear of pickup trucks.

Section 601 of the Construction Standard, specifically covers vehicles that operate within an off-highway jobsite, not open to public traffic, and provides a list of general requirements.

The list of requirements is not in any priority sequence and are independent of each other. The anchorage requirement for seat belts is not dependent on the requirement to provide an adequate number of firmly attached seats for occupants being transported. The Department of Transportation (DOT) Standards and test data vehicle housing and are not intended to apply to side facing seats in the rear of pick up trucks. Therefore, seat belts and rollover protection for occupants in the rear of pickup trucks operated within an off-highway jobsite are not addressed or required by the standard.

If you have any additional questions or need further information, please feel free to contact us.

Sincerely,

Gerald P. Reidy, Director
Office of Construction and Maritime
Compliance Assistance