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.
June 7, 1991
MEMORANDUM FOR: MICHAEL G. CONNORS
REGIONAL ADMINISTRATOR
THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Request for Revision of OSHA Instruction STD 1-11.5
This is in response to your memorandum of January 12 requesting a revision of STD 1-11.5. Please accept my apology for the delay in our written response. That directive has been reviewed and we agree that it needs revision as a result of changes to the Department of Transportation (DOT) Federal Motor Carrier Safety Regulations (49 CFR Part 390, et seq.) published in the Federal Register, May 19, 1988.
DOT's new regulations affect the background section 3, paragraphs "c" and "d" of STD 1-11.5. The Action paragraph was not affected. As to paragraph "c", DOT has redefined the term "commercial motor vehicle"; this new definition will be our guide for enforcement.
In essence, DOT Regulations extend to any employer who owns or leases a "commercial motor vehicle" or assigns employees to operate it. 49 CFR 390.3(a)9 and 390.5. A "commercial motor vehicle" is defined as any self-propelled or towed vehicle used on public highways in interstate commerce:
a. to transport passengers or property;
b. when the vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds;
c. or the vehicle is designed to transport more than fifteen passengers, including the driver;
d. the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by DOT regulation 49 CFR 390.5.
The change in the DOT regulations also did away with the need for paragraph "d" of the background section of the STD.
The enforcement policy contained in STD 1-11.5 will remain unchanged.
Until the Instruction is revised, this memo will serve as your guidance for enforcement activities.