April 1, 1991
||BYRON R. CHADWICK|
||LEO CAREY, DIRECTOR|
OFFICE OF FIELD PROGRAMS
||PATRICIA K. CLARK, DIRECTOR|
DIRECTORATE OF COMPLIANCE PROGRAMS
||Jurisdictional Issue - Southwest Transportation|
This is in further response to your memorandum of March 6, 1990, in which you requested clarification of the jurisdictional issues involving the Southwest Transportation Co., Inc., case.
We have received a response from the U.S. Dept. of Transportation, Federal Highway Administration (FHWA) on January 30. A copy of the same was faxed to your office the same day. In the letter, FHWA stated they believe that they have jurisdiction in the area of safe loading. FHWA further indicated that they do not have enforceable regulations in the circumstances of this case and have not exercised jurisdiction in cases of this nature.
Based on this letter, our enforcement policy in this area is as follows:
1. All action associated with the loading and unloading the vehicle at destination points will be within OSHA jurisdiction.
This Directorate in conjunction with the Directorate of Policy will explore possible revisions to the current MOU with DOT.
2. Readjusting and securing the load in transit between destination points will be under the jurisdiction of the FHWA.