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 15, 2015

Mr. Ron Workman
1311 Haupt Ave.
Richland, WA 99354

Dear Mr. Workman:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA), which we received February 2, 2015. Because your letter involved construction issues, your inquiry was forwarded to OSHA's Directorate of Construction. You asked about qualifications for workers who drive heavy trucks and other commercial motor vehicles (CMV) on construction sites.

OSHA has issued a general requirement that applies to workers at construction sites, including drivers of heavy trucks and other CMV, in its Construction Standards at Subpart C - General Safety and Health Provisions:

29 CFR 1926.20(b)(4) The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

You can access this standard on OSHA's website at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10606.

Employers who are transporting hazardous materials must comply with applicable U.S. Department of Transportation (DOT) HAZMAT regulations. For more information on HAZMAT transportation regulations, you may wish to visit the U.S. DOT, Pipeline and Hazardous Materials Safety Administration (PHMSA) website at http://www.phmsa.dot.gov. The PHMSA has responsibility for the safe movement of HAZMAT by all modes of transportation.

Washington State operates its own occupational safety and health program under a plan approved and monitored by OSHA. The Washington State Plan, which is administered by the Department of Labor and Industries (DL&I), Division of Occupational Safety and Health (DOSH), adopts and enforces standards and investigates safety and health concerns in workplaces throughout the state. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's, but may have different or additional requirements. You can find more information about the Washington State Plan at its website: http://www.lni.wa.gov/Safety/default.asp.

There is a wealth of information on OSHA's website, www.osha.gov, including the following webpages that deal with safe truck driving and the trucking industry:

https://www.osha.gov/SLTC/motorvehiclesafety/construction.html

https://www.osha.gov/SLTC/trucking_industry/index.html

In addition, the following provide links to OSHA's worker rights, complaint, and whistleblower webpages:

Worker rights and complaint information -

http://www.osha.gov/workers/index.html

http://www.osha.gov/as/opa/worker/complain.html

Whistleblower Program information -

http://www.whistleblowers.gov/index.html

http://www.whistleblowers.gov/complaint_page.html

Thank you for your interest in safety and health. I hope you find this information helpful. If you have any further questions, feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,

James G. Maddux, Director
Directorate of Construction