['Walking Working Surfaces']
['Dockboards']
10/08/2024
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While the OSHA regulation at 1910.26(d) does require measures, such as wheel chocks or sand shoes, be used to prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or rail car) on which a dockboard is placed from moving while employees are on the dockboard, there are some jurisdictional issues with the Department of Transportation (DOT)’s parking brake requirement which that agency deems appropriate to prohibit movement of vehicles during all loading conditions.
DOT regulates interstate transportation of ‘‘commercial motor vehicles’’ (CMV) traveling on public roads, thus, pursuant to section 4(b)(1) of the OSH Act, OSHA is preempted. DOT regulations define a CMV, in part, as a self-propelled or towed vehicle used on the highways in interstate commerce, if the vehicle:
- Has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; or
- Is used in transporting materials found by the Secretary of Transportation to be hazardous as defined by DOT regulations and transported in a quantity requiring placarding under DOT regulations (49 U.S.C. 31132).
DOT regulations do not apply to transport vehicles that do not meet the definition of CMV, do not operate in interstate transportation, or are not used on public roads. OSHA continues to have authority over:
- Transport vehicles that do not meet the definition of CMV; and
- CMVs not operated in interstate commerce, which includes CMVs that transport materials on private roads or within a work establishment.
OSHA has the authority to enforce chocking requirements in these situations that are not covered by FMCSA. OSHA believes final paragraph 1910.26(d) is necessary because not all transport vehicles are CMVs or used on public roads. Employers use transport vehicles to move material and equipment within their facilities. In addition, most transport vehicles are loaded and unloaded off public roads.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.