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.

November 8, 2005

Mr. Christopher Pearson
Clark, Thomas & Winters
P.O. Box 1148
Austin, TX 78787

Re: Whether 29 CFR 1926.601 prohibits an employer from leaving light duty pick-up trucks running and unattended on an off-highway jobsite.

Dear Mr. Pearson:

This is in response to Mr. Jorge Ramirez's January 5, 2005 letter to the Occupational Safety and Health Administration (OSHA) regarding 29 CFR 1926.601. We apologize for the delay in responding.

We have paraphrased your question as follows:

Question: Are there any provisions in 29 CFR 1926.601 which prohibit leaving a light duty (¾ or 1 ton) pick-up truck with its engine on and unattended on an off-highway jobsite (not open to public traffic)?

Answer:

No. Section 1926.601 does not specifically address the hazards associated with leaving a light duty pick-up truck with the engine on and unattended on an off-highway jobsite.

However, note that, as the Agency indicated in a January 14, 2004, letter to Mr. Paul Hayes, 29 CFR 1926.600(a)(3)(ii) applies to such trucks.1

Section 1926.600(a)(3)(ii) states:

Whenever the equipment is parked, the parking brake shall be set. Equipment parked on inclines shall have the wheels chocked and the parking brake set.

Therefore, whenever a light duty pick-up truck is left parked2 and unattended on a construction jobsite, whether running or not, the parking brake must be set. If such truck is left parked and unattended on an incline, in addition to setting the parking brake, the wheels must be chocked.

If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax #202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,



Russell B. Swanson, Director
Directorate of Construction

 

 

1 See Secretary of Labor v. County Concrete Corporation, 1994 WL 416693 (O.S.H.R.C.) for a discussion of the applicability of Section 1926.600. [ back to text ]

 

 

 

 

2 For guidance on when equipment is considered "parked" under 29 CFR 1926.600(a)(3)(ii), see OSHA's May 11, 2005, letter to Mr. Peter Kuchinsky, II. [ back to text ]