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.

August 13, 2004

Mr. William Overby
2932 Hazel Ave.
Dayton, OH 45420

Dear Mr. Overby:

Thank you for your May 7, 2004 letter to the Department of Labor, Occupational Safety and Health Administration (OSHA). This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any question(s)/scenario not delineated within your original correspondence. You had a specific questions regarding the sound level of a warning device (horn) located on a forklift. We apologize for the delay in responding to your request.

Question: When a forklift has a weak sounding horn, what determines whether it should be replaced or not?

Reply: OSHA's standard 29 CFR 1910.178(q)(7) requires that industrial trucks be inspected at least daily and not be placed into service if the examination shows any condition that may adversely affect the safety of the industrial truck. Additionally, §1910.178(p)(1) states, "If at any time a powered industrial truck is found to be in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition." If the industrial truck is equipped with a horn as its warning device, then OSHA would consider the truck as being unsafe if the sound level of the horn has deteriorated to a level that can no longer be heard above the ambient noise in the workplace.

In addition, the employer must meet the requirements in §1910.178(q), Maintenance of industrial trucks. Specifically, §1910.178(q)(5) states, "All parts of any such industrial truck requiring replacement shall be replaced only by parts equivalent as to safety with those used in the original design."

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,


Richard E. Fairfax, Director
Directorate of Enforcement Programs