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.

 


March 19, 1991

Mr. Thomas J. Wheeler
Manager
Safety and Health
White Paper Division
Boise Cascade
1600 S.W. Fourth Avenue
P.O. Box 1414
Portland, Oregon 97207

Dear Mr. Wheeler:

Thank you for your January 25 response pursuant to our January 7 request for additional information to assist us in preparing a response to your October 25, 1990 request for an interpretation of 29 CFR 1910.178(k)(3). You specifically asked us to address the meaning of "fixed jacks" and the placement of such equipment during your loading or unloading activity.

After reading your description of how your operation proceeds and studying the diagram you submitted, we have concluded that your operation, as described, does not appear to be in violation of 29 CFR 1910.178(k)(3).

In addition, it should be mentioned that the precise language of this regulation is advisory in nature and not mandatory to the employer.

The term "fixed jacks" can be defined as jacks or what is known in the trade as "nose cones," the purpose of which is to hold one end of a trailer being worked so as to avoid the possibility of such trailer being "up-ended" in the course of vehicles coming in and out of the trailer. The word "fixed" indicates that such jacks are not temporary in nature but are an integral part of the trailer frame, and are folded up and under the trailer after loading or unloading activity has been completed and the trailer is attached once again to its tractor.

If you should need additional assistance please do not hesitate to contact us.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs

[Corrected 10/08/08]

Concurrence: Richard Sauger OSHA Standards American Trucking Association



January 7, 1991

Thomas J. Wheeler
Manager, Safety & Health
Boise Cascade
White Paper Division
P.O. Box 1414
Portland, Oregon 97207

Dear Mr. Wheeler:

This is in response to your letter of October 5, 1990 to my office, requesting a determination of the term, "fixed jacks," as stated in 29 CFR 1910.178(k)(3). We apologize for the delay in response.

In order for us to fully answer your question, we need additional information, for example, the length and width of the trailers being loaded and unloaded, the positioning and number of jacks you presently use, and whether or not the operation is uniform at your various locations. Sketches, diagrams or photographs would be helpful.

We are able to receive telefaxed materials and you could send this material to us via that route. Our telefax number is 202-523-9187 and you should direct the material to Mr. Rolland Stroup of my staff.

We shall respond to you further after receipt of the additional information.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs