- 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.
April 1, 1991
|MEMORANDUM FOR:||BYRON R. CHADWICK
|THROUGH:||LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
|FROM:||PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
|SUBJECT:||Jurisdictional Issue - Southwest Transportation|
This is in further response to your memorandum of March 6, 1990, in which you requested clarification of the jurisdictional issues involving the Southwest Transportation Co., Inc., case.
We have received a response from the U.S. Dept. of Transportation, Federal Highway Administration (FHWA) on January 30. A copy of the same was faxed to your office the same day. In the letter, FHWA stated they believe that they have jurisdiction in the area of safe loading. FHWA further indicated that they do not have enforceable regulations in the circumstances of this case and have not exercised jurisdiction in cases of this nature.
Based on this letter, our enforcement policy in this area is as follows:
1. All action associated with the loading and unloading the vehicle at destination points will be within OSHA jurisdiction.
2. Readjusting and securing the load in transit between destination points will be under the jurisdiction of the FHWA.
This Directorate in conjunction with the Directorate of Policy will explore possible revisions to the current MOU with DOT.