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 https://www.osha.gov.



May 23, 2001

Mr. Larry R. Jackson
Price, Potter, Jackson & Mellowitz, P. C.
Attorneys at Law
The Hammond Block Building
301 Massachusetts Avenue
Indianapolis, IN 46204

Re: §§1926.600, 1926.601, 1926.555; Roadtec Shuttle Buggy

Dear Mr. Jackson:

This is in response to your February 12, 2001, letter to the Occupational Safety and Health Administration (OSHA) in which you asked whether there are any OSHA construction standards that address equipment such as the Roadtec SB-2500 Shuttle Buggy (Shuttle Buggy).

The Shuttle Buggy is pictured below between a dump truck and a paving machine:



Image of Shuttlebuggy

As we understand it, the Shuttle Buggy is designed to transfer paving material from a dump truck to an asphalt paving machine.

In a previous letter dated October 17, 2000, you requested interpretations of Subpart X - Stairways and Ladders, 29 CFR 1926.1050 and 1926.1053 and asked specifically if fixed ladders on equipment such as the Roadtec Buggy are required to comply with §§1926.1050 and 1926.1053. In our response, we explained that Subpart X does not apply to fixed ladders on vehicles.

Our response is based on what we can see of the machine in the material you submitted and on your website. From the standpoint of requirements of interest to the equipment manufacturer, two OSHA construction standards would normally apply with respect to the Shuttle Buggy in a typical ground-level paving operation. One is 29 CFR part 1926, subpart O (see §§1926.600 and 1926.601). The other is 29 CFR 1926.555 (Conveyors), since the Shuttle Buggy incorporates a conveyor.

There could be situations where some other standards would apply. For example, if the machine were used in underground construction or in an explosive (or potentially explosive) atmosphere, there are construction standards that would apply (see 29 CFR 1926.800 (Underground Construction) and 1926.407 (Hazardous locations)).

Also, the General Duty Clause (section 5(a)(1)) of the Occupational Safety and Health Act requires employers to:

Furnish to each of [its] employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees.

Under the General Duty Clause, if the Shuttle Buggy poses a recognized hazard to employees and there is a feasible means of protection, the employer is required to provide that protection. For example, there has long been industry recognition of rollover hazards to workers operating equipment on non-level surfaces, hazards from moving mechanical parts, and struck-by hazards from equipment being backed-up.

Protection from a rollover hazard can be provided by a ROPS (roll-over protection structure), although that would only be necessary where there is a reasonably foreseeable risk of rollover. Such a risk is normally absent when the area is level. Protection from moving parts can usually be provided by guarding or interlocks. Back-up hazards, if present, can be addressed with back-up alarms.

You may want to review industry consensus standards that address such hazards, and which may also point out other hazards that we cannot identify from these materials. The American National Standards Institute (ANSI) is a private, non-profit organization that administers and coordinates the U.S. voluntary standardization and conformity assessment system. For copies of ANSI standards, contact: American National Standards Institute Customer Service: Telephone: 212-642-4980. General Inquiries: Telephone: 212-642-4900. Headquarters: 1819 L Street, NW, Washington, DC 20036, telephone: 202-293-8020; fax: 202-293-9287. New York Office: 11 West 42nd Street, New York, NY 10036, telephone: 212-642-4900, fax: 212-398-0023. Internet address: http://www.ansi.org/

For further assistance, please write to: Directorate of Construction-OSHA, Office of Construction Standards and Compliance Assistance, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210.


Russell B. Swanson, Director
Directorate of Construction