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 9, 2015

Cole Miner, NYC SSM, CSFSM
7 Irma Avenue
Port Washington, NY 11050

Dear Mr. Miner:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) Directorate of Construction, received on April 11, 2013. You asked for our opinion on the rationale for and hazards addressed by the construction standard of hoisting compressed gas cylinders. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any question not delineated in your original correspondence. We apologize for the delay in responding.

We have paraphrased your question as follows:

Question 1: Can cylinders be laid horizontally on a cradle, sling board or pallet and choked with slings to secure the cylinders to the pallet and then attach the same slings to the hoisting device?

Answer: Yes. 29 CFR 1926.350(a)(2) states:

When cylinders are hoisted, they shall be secured on a cradle, slingboard, or pallet. They shall not be hoisted or transported by means of magnets or choker slings.

Although the standard allows cylinders to be hoisted when secured on a cradle, slingsboard, or pallet, the standard does not allow cylinders to be individually hoisted by magnets or choker slings. While OSHA standards do not define or address how to secure the cylinder to pallet or cradle, 29 CFR 1926.350(a)(9) allows the "hoisting" of compressed gas cylinders in the horizontal position for short periods of time. Furthermore, when a crane is used for hoisting such a load, the employer must follow the provisions of OSHA's Cranes and Derricks in Construction standard, 29 CFR 1926 Subpart CC.

Question 2: Is a truck mounted hydraulic crane considered a powered vehicle under 29 C.F.R. § 1926.350(a)(4)?

Answer: Yes. If the crane you describe is powered by electric or internal combustion engines, it would be considered a powered vehicle, particularly where cylinders are hauled in a similar manner as a truck.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements, but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,

James G. Maddux, Director
Directorate of Construction