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.

March 3, 2005

Mr. Bryan Wollam
Safety & Health Manager
P.O. Box 667
Fort Knox, Kentucky 40121

Dear Mr. Wollam:

Thank you for your January 19 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs (DEP). Your letter has been referred to DEP's Office of General Industry Enforcement for a response to your inquiry regarding examination of powered industrial trucks. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question or scenarionot delineated within your original correspondence. Your inquiry has been restated as a question below, and background information has been included for clarity.

Background: 29 CFR 1910.178(q)(7) requires that "Industrial trucks shall be examined before being placed in service and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected."

Question: If forklifts are used on a periodic basis, once or twice a month, is it required to examine it daily as stated by the standard?

Reply: Powered industrial trucks are required to be examined prior to use; however, if the powered industrial truck is stored or is not used every day, it would not require an examination until it is ready to be placed in service. However, please be advised that powered industrial trucks that have been stored or not in use for significant periods of time may require some service or maintenance before being returned to use. The powered industrial truck manufacturer should be contacted for information regarding the specific truck's maintenance and/or service needs.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. Please be aware that OSHA's enforcement guidance is subject to periodic review and clarification, amplification, or correction. Such guidance could also be affected by subsequent rulemaking. In the future, should you wish to verify that the guidance provided herein remains current you may consult OSHA's website at
http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,


Richard E. Fairfax, Director
Directorate of Enforcement Programs