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.

February 15, 1996

Ms. Lucinda Fuller
Research Librarian
Triodyne Inc.
5950 West Touhy Avenue
Niles, Illinois 60714-4610

Dear Ms. Fuller:

This is in response to your letters of August 21, 1995 and January 16, regarding the Occupational Safety and Health Administration (OSHA) standard for the activation of hoisting or dumping devices on haulage vehicles used in the construction industry, 29 CFR 1926.601(b)(11). Please excuse the delay in responding to your inquiry.

Please be advised that the term "other devices" has been interpreted to mean any system specifically designed by the manufacturer to prevent accidental tripping or operating of the haulage body hoist or dump mechanism. Such a system may consist of a hydraulic interlock, an electric interlock, or a spring activated lever lock. The intent of the subject standard is to prevent the lever controlling the hoisting or dumping device on a haulage vehicle from being inadvertently activated, thereby causing the loss of the load the vehicle is carrying. If the detent that you refer to in your letter would achieve this objective, then it would fall into the category of "other device" as you have quoted. However, if it is foreseeable for the lever to be moved from the neutral, stop, or off position inadvertently, then the detent would not satisfy the standard.

If you require further assistance, please contact Mr. Gerald Reidy of the Office of Construction Standards and Compliance Assistance at (202) 219-7207.

Sincerely,

Roy F. Gurnham, P. E. , J. D.
Office of Construction Services
Directorate of Construction




January 16, 1996

Mr. Roy Gurnham
OSHA Office of Construction & Maritime Compliance Assistance
Division of Construction
200 Constitution Ave., N.W., Room N-3610
Washington, DC 20210

Dear Mr. Gurnham,

In August 1995 I contacted your office by phone and letter requesting an interpretation of OSHA standard 29 CFR 1926.601(b)(11):

"Operating levers controlling hoisting or dumping devices on haulage bodies shall be equipped with a latch or other device which will prevent accidental starting or tripping of the mechanism."

I'm contacting you to remind you that we haven't received a response to the request, which is restated below:

Our project involves the reconstruction of an accident involving a dump truck with a power take-off controlled by a pneumatic switch. If this PTO control is not engaged, the dump mechanism will not function. When engaged, the switch lights a red indicator light on the dashboard of the truck cab. The mechanism controlling the dump device is a hydraulic valve controlled by a cab-mounted detented lever. This lever is not interlocked in any way.

Is the vehicle in this situation in violation, or does the PTO control/indicator light qualify as a dump device control? What mechanisms are covered by the regulation's description "latch or other device?"

Thank you in advance for your assistance.

Sincerely,

Lucinda Fuller
Research Librarian