OSHA Required Locks for Trailer Lockout

The Highlights of The OSHA Requirements Concerning Trailer Lockout

1910.147(c)(5)(ii)(C)(1)
Lockout devices. Lockout devices shall be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as with the use of bolt cutters or other metal cutting tools.

1910.147(c)(7)(ii)(D)
Tags and their means of attachment must be made of materials which will withstand the environmental conditions encountered in the workplace.

Background.
A.On November 7, 1973 the Occupational Safety and Health Review Commission rendered a decision that the Department of Labor is preempted from the enforcement of 29 CFR §1910.178(k)(1), which requires the setting of truck brakes and the chocking of wheels while the trucks are boarded by powered industrial trucks, by the Department of Transportation (DOT) regulation at 49 CFR §392.20. The Commission held that OSHA was preempted because 49 CFR §392.20 represented a sufficient “exercise” of DOT regulatory powers under Section 4(b)(1) of the OSH Act, covering essentially the same working conditions as the OSHA standard.
B.The decision also prevented the enforcement of 29 CFR §1910.178(m)(7) to a large extent. The first part of that standard states, “Brakes shall be set and wheel blocks shall be in place to prevent movement of trucks, trailers or railroad cars while loading or unloading. Fixed jacks may be necessary to support a semitrailer during loading or unloading when the trailer is not coupled to a tractor.” Thus, the standard is similar in scope to 29 CFR §1910.178(k)(1).
C.However, the Commission stated that the DOT parking brake system rules at 49 CFR §393.40 and .41 did not bring the Section 4(b)(1) exception into play, as neither of these sections is meant to afford safety protection for forklift operators and terminal employees.
D.On October 30, 1978 OSHA issued Directive STD 1-11.5, which stated that 1910.178(k)(1) and 1910.178(m)(7) should not be enforced as they apply to trucks and trailers under the Motor Carrier Act (motor carriers engaged in interstate commerce).
E.On June 18, 1998 the Office of Motor Carrier Safety, Federal Highway Administration, rescinded Section 392.20 effective July 20, 1998.

By and Under the Authority of
Charles N. Jeffress
Assistant Secretary

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