Standard Interpretations - Table of Contents
• Standard Number: 1910.178; 1910.178(c)(2)(ii)(a)


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.


November 23, 2004

Mr. Arthur G. Sapper
McDermott, Will & Emery
600 Thirteenth Street, N.W.
Washington, D.C. 20005-3096

Dear Mr. Sapper:

Thank you for your August 5, 2004 letter on behalf of the International Carbon Black Association to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs (DEP). Your letter has been referred to DEP's Office of General Industry Enforcement for an answer to your question regarding treatment of carbon black under 29 CFR 1910.178(c)(2)(ii)(a). Your background and question has been restated below for clarity.

Background:

29 CFR 1910.178(c)(2)(ii)(a) states:
Power-operated industrial trucks shall not be used in atmospheres containing hazardous concentrations of metal dust, including aluminum, magnesium, and their commercial alloys, other metals of similarly hazardous characteristics, or in atmospheres containing carbon black, coal or coke dust except approved power-operated industrial trucks designated as EX may be used in such atmospheres.
Paragraph (c)(2)(ii)(a) of §1910.178 was adopted in 1971 under Section 6(a) from §202(a) of NFPA 505-1969, entitled "Powered Industrial Trucks". Section 202(a) of NFPA 505-1969 states:
Power-operated industrial trucks shall not be used in atmospheres containing hazardous concentrations of metal dust, including aluminum, magnesium, and their commercial alloys, other metals of similarly hazardous characteristics, or in atmospheres containing carbon black, coal or coke dust, except approved power-operated industrial trucks designated as EX may be used in such atmospheres subject to special investigation by the