- Standard Number:
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
February 12, 1986
Mr. Bernard Nobel
Plant Manager
Charles Jacquin et Cie., Inc.
2633 Trenton Avenue
Philadelphia, Pennsylvania 19125
Dear Mr. Noble:
This is in reference to your letter dated January 29, concerning your request for a permanent variance from 29 CFR 1910.178(n)(4), Powered industrial trucks, of the Occupational Safety and Health Standards.
Your application, although it does not contain sufficient information, has been reviewed by our technical staff and discussed with the OSHA Area Office in Philadelphia. Section 1910.178(n)(4) does not preclude traveling forward with the load when driver's view is not obstructed. However, the driver shall be required to travel with the quite clear and a variance would not seem to be appropriate or necessary. We are therefore suggesting that you discuss and resolve the matter with the Area Office.
Additionally, the requirements for a variance have not been met as you have not offered an alternative solution as safe and healthful as the requirements of the standard as required by Section 1905.11(b)(4). Your request is therefore denied without prejudice to the filing of another application. A copy of 29 CFR 1905 is enclosed for your guidance. Please refer to Section 1905.11 rather than 1905.10 for the necessary criteria to seek a permanent variance. Affected employees and their authorized employee representatives shall be notified of the denial of your application in the same manner they were informed of your request for a variance.
If I can be of any assistance, please contact my office at (202) 523-7193.
Sincerely,
James J. Concannon
Director
Office of Variance Determination
January 29, 1986
Mr. James Concannon, Director
Office of Variance Determinations
U.S. DEPT. OF LABOR
O.S.H.A
200 Constitution Ave., N.W.
Perkins Bldg., Room #N-3656
Washington, DC 20210
Dear Mr. Concannon:
We hereby submit for a variance under Subpart B - 1905.10.
1) Charles Jacquin et Cie., Inc. 2633 Trenton Avenue Philadelphia, Pennsylvania 19125
2) Same as above.
3) Tow-motor trucks are to back down on a ramp.
4) Due to the logistics of the buildings it would be unsafe to go backwards with the tow-motor truck.
5) N/A
6) N/A
7) N/A
8) N/A
9) N/A
10) N/A
11) N/A
January 29, 1986
Mr. James Concannon, Director
Office of Variance Determinations
U.S. DEPT. OF LABOR - O.S.H.A.
As per our telephone conversation last week, you suggested I call our local Director from O.S.H.A. - he in return said we should submit this variance to your office.
What we would really like is to have someone from O.S.H.A. come out and determine if we can get a variance.
Once again, thank you for your cooperation in this matter.
Very truly yours,
BERNARD NOBLE
Plant Manager