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.

January 24, 1997

The Honorable Maurice D. Hinchey
291 Wall Street
Kingston, New York 12401

Dear Congressman Hinchey:

This is in response to your inquiry of November 22, on behalf of Ms. Gladys Vaughn, concerning regulations addressing "cross-view" back-up mirrors on delivery trucks. Ms. Vaughn lost a five year old nephew when he was struck by a local delivery truck that was backing up.

The Occupational Safety and Health Administration (OSHA) has no specific regulations requiring the installation of "cross-view" mirrors on delivery vehicles. OSHA's general industry standards (29 CFR Part 1910) contain the regulations applicable to employee safety and health in the package delivery industry. At present, OSHA has no specific standards that address motor vehicle safety in general industry workplaces, including the installation of safety devices on motor vehicles. Additionally, OSHA is limited by the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655) to regulating workplace safety rather than public safety.

Perhaps the U. S. Department of Transportation or state or local motor vehicle administrations may require the installation of the type of mirror that Ms. Vaughn describes. These mirrors, also referred to as "pot-bottom" mirrors, may be addressed in guidelines or regulations issued by these agencies. At present, OSHA's jurisdiction over motor vehicles is limited to vehicles operated in the workplace and not over public roads.

Please note that the U. S. Postal Service has installed "pot-bottom" mirrors on many of its delivery vehicles for many years after an employee recommended their use through their employee suggestion program. Further, many local school boards install "pot-bottom" mirrors on the front and rear of school buses for driver observation of students boarding or leaving the bus.

Sincerely,



Greg Watchman
Acting Assistant Secretary




November 22, 1996

Lorraine Colbert
Intergovernmental Affairs Dept.
Occupational and Safety Health Administration
U.S. Dept. Of Labor
Room N3641
200 Constitution Ave., N.W.
Washington, D.C. 20210

Dear Ms. Colbert:

I am writing to you on behalf of one of my constituents, Ms. Gladys Vaughn. Enclosed is a letter I received from her regarding delivery trucks being required to have a safety device called a crossview back-up mirror. This mirror is designed so that drivers of delivery trucks can see behind them while backing up. Ms. Vaughn lost her nephew in an accident involving a UPS truck which did not have one of these devices.

I would greatly appreciate it if you could tell me of any regulations or laws that require delivery vehicles to have a safety device of this kind. Any information that you have can be sent to me at my Kingston office at the address listed above.

Thank you for your time and effort.

Sincerely,



Maurice D. Hinchey
Member of Congress