Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents
• Standard Number: 1910.178; 1910.178(g)(5)

This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.


March 18, 2003

Kenneth D. Green
Material Handling of Tennessee, Inc.
P.O. Box 1207
Mt. Juliet, TN 37121

Dear Mr. Green:

The Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs (DEP) has recently re-examined its September 11, 2000 letter to you regarding 29 CFR 1910.178(g)(5), securing reinstalled batteries. Although OSHA's original position remains unchanged, upon further review, the letter of September 11, 2000 has been revised to clarify OSHA's position. The revised response now reads:

In General Industry, safety requirements for reinstalling batteries in electric powered industrial trucks are found at 29 CFR 1910.178(g)(5). This paragraph requires that "reinstalled batteries shall be properly positioned and secured in the truck [emphasis added]." Accordingly, the means to properly position and secure reinstalled batteries in electric powered industrial trucks covered by the standard must restrain the battery horizontally and/or vertically as originally intended by the manufacturer.
Thank you for your interest in occupational safety and health. We hope this provides the clarification you were seeking and apologize for any confusion the earlier documents may have caused. As this letter demonstrates, OSHA's re-examination of an issue may result in the clarification or correction of previously stated enforcement guidance. 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. 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



Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents