Trucking Industry

Standards

Trucking industry is addressed in specific OSHA standards for recordkeeping and general industry. This section highlights OSHA standards and documents related to the trucking  industry.

OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

For example:

  • While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.
  • While operating at an airport, if there is an operational plan negotiated between the carrier and the Federal Aviation Administration (FAA) that covers a working condition, then the FAA has jurisdiction.
  • Due to the DOT brake regulation, OSHA does not cite for failure to chock trailer wheels if the vehicle is otherwise adequately secured. DOT's regulation preempts enforcement and DOT has jurisdiction. However, if the vehicle is an intrastate truck, OSHA has jurisdiction. Only another Federal agency may preempt OSHA's jurisdiction
OSHA Standards
Recording and Reporting Occupational Injuries and Illness (29 CFR 1904)
Recording and Reporting Occupational Injuries and Illness (29 CFR 1904)
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1904 Subpart B

1904.2, Partial exemption for establishments in certain industries.

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1904 Subpart C

1904.7, General recording criteria.

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1904.29, Forms.

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General Industry (29 CFR 1910)
General Industry (29 CFR 1910)
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1910 Subpart D - Walking-Working Surfaces

1910.23, Ladders.

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1910 Subpart E - Exit Routes and Emergency Planning

1910.37, Maintenance, safeguards, and operational features for exit routes.

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1910 Subpart H - Hazardous Materials

1910.106, Flammable liquids.

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1910.120, Hazardous waste operations and emergency response.

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1910 Subpart I - Personal Protective Equipment

1910.132, General requirements.

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1910 Subpart J - General Environmental Controls

1910.141, Sanitation.

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1910.146, Permit-required confined spaces.

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1910.147, The control of hazardous energy (lockout/tagout).

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1910 Subpart K - Medical and First Aid

1910.151, Medical services and first aid.

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1910 Subpart L - Fire Protection

1910.157, Portable fire extinguishers.

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1910 Subpart N - Materials Handling and Storage

1910.176, Handling materials - general.

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1910.177, Servicing multi-piece and single piece rim wheels.

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1910.178, Powered industrial trucks.

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1910 Subpart R - Special Industries

1910.272, Grain handling facilities.

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1910 Subpart S - Electrical

1910.303, General.

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1910.305, Wiring methods, components, and equipment for general use.

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1910 Subpart Z - Toxic and Hazardous Substances

1910.1200, Hazard Communication.

Related Information
State Standards

There are 28 OSHA-approved State Plans, operating state-wide occupational safety and health programs. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's and may have different or more stringent requirements.

Additional Directives

Note: The directives in this list provide additional information that is not necessarily connected to a specific OSHA standard highlighted on this Safety and Health Topics page.

Additional Letters of Interpretation

Note: The letters in this list provide additional information that is not necessarily connected to a specific OSHA standard highlighted on this Safety and Health Topics page.


Whistleblower Protection
Whistleblower Protection

Section 405 of the Surface Transportation Assistance Act (STAA) provides protection from reprisal by employers for truckers and certain other employees in the trucking industry involved in activity related to interstate commercial motor vehicle safety and health. Secretary of Labor's Order No. 9-83 (48 FR 35736, August 5, 1983) delegated authority to the Assistant Secretary of OSH to investigate and issue findings and preliminary orders under Section 405. The Office of Investigative Assistance has a Whistleblower Program.

Employees who believe they have been discriminated against for exercising their rights under Section 405 can file a complaint with OSHA within 180 days of the incident. The Secretary will investigate the complaint and, within 60 days after it was filed, issue findings as to whether there is a reason to believe Section 405 has been violated.

If the Secretary finds that a complaint has merit, he/she also will issue an order requiring, where appropriate, abatement of the violation, reinstatement with back pay and related compensation, payment of compensatory damages, and the payment of the employee's expenses in bringing the complaint. Either the employee or employer may object to the findings. If no objection is filed within 30 days, the finding and order are final. If a timely filed objection is made, however, the objecting party is entitled to a hearing on the objection before an Administrative Law Judge of the Department of Labor.

Within 120 days of the hearing, the Secretary will issue a final order. A party aggrieved by the final order may seek judicial review in a court of appeals within 60 days of the final order.

The following activities that may be performed by truckers and certain employees involved in inter-state commercial motor vehicle operation are protected under Section 405:

  • Filing of safety or health complaints with OSHA or another regulatory agency relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order.
  • Instituting or causing to be instituted any proceedings relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order.
  • Testifying in any such proceedings relating to the above items.
  • Refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health; or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of the equipment.
  • Complaints under Section 405 are filed in the same manner as complaints under 11(c). The filing period for Section 405 is 180 days from the alleged discrimination, rather than 30 days as under Section 11(c).