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Even though drivers working on top of flatbeds, tankers, and other commercial motor vehicles (CMVs) face significant hazards, federal agencies do not specifically require such drivers or vehicles to have devices or procedures to prevent falls.
Neither the Federal Motor Carrier Safety Administration (FMCSA) nor the Occupational Safety and Health Administration (OSHA) currently have standards directly addressing falls from CMVs. In fact, the OSHA Construction regulations specifically exclude vehicles and trailers from the definition of a walking/working surface. However, some standards (and common sense) apply.
The FMCSA regulations at 49 CFR 399.207 address fall protection for persons entering or exiting the cabs of trucks and truck tractors having a high profile cab-over-engine configuration or accessing the back of the truck/truck-tractor cab. These standards primarily concern the construction and placement of steps, handholds, and deck plates.
OSHA has determined that fall protection is generally not required for drivers working on top of “rolling stock,” which includes trailers. The key exception is if the employee is working on top of rolling stock that is positioned inside of or contiguous to a building or other structure where the installation of fall protection is feasible. In such cases it would be expected that the driver would be provided with fall protection.
Under OSHA’s “general duty clause” (section 5(a)(1) of the OSH Act):
Despite the federal standards (or lack thereof), common sense would dictate that fall protection is usually a good idea when working on a tractor or trailer. There is no standard method used for fall protection from CMVs, but a personal fall arrest system is recommended. Such systems are used to stop a worker’s fall from a height.