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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 28, 2015
Mr. Richard Anderson
Chief Executive Officer
Delta Air LinesM
Department # 940
P.O. Box 20706
Atlanta, GA 30320-6001
Dear Mr. Anderson:
Thank you for your correspondence to the Occupational Safety and Health A iated with the aircraft parking areas.
Question: Delta's practices under the June 29, 2012 Corporate Wide Settlement Agreement (CSA) between Delta and OSHA allows for specific vehicles, defined as "covered vehicles" in Appendix A of the CSA, to be operated without use of the seat belts during specific operations. Would it be appropriate for Delta to continue this work practice of not buckling seatbelts while positioning vehicles between points entirely within those areas of airport workplaces delineated in the CSA?
Response: Pursuant to stipulations delineated in the CSA, Delta may continue its practice, now permitted under the CSA, of allowing the vehicles to be operated without use of the seat belts over short distances and at the slow (walking) speed involved in re-positioning the vehicles [emphasis added] for loading or unloading of bags or cargo onto or off of an aircraft, baggage carousel, or cargo staging area, or for servicing an aircraft. Delta may also continue this practice when positioning vehicles within gate areas, remote aircraft parking areas, baggage rooms, cargo yards, aircraft hangars, and vehicle shops.
Please note that 27 State Plans operate their own occupational safety and health program under a plan approved and monitored by OSHA. They have jurisdiction over workers in their state. They adopt and enforce standards and investigate 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. For specific information on the requirements and interpretation of their standards, you may contact them directly.
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 www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.
Thomas Galassi, Director
Directorate of Enforcement Programs