Ezel / Labor Guidance / US
Back to Federal guidance

Weighing outbound vehicle containers at marine terminals

Summary A marine terminal asked whether closed containers carrying only vehicles qualified for a weighing exemption. OSHA said the cited rule exempted only open-type vehicle carrying containers, although it viewed the broader request as reasonable and suggested seeking a variance. OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1988-11-15
Date issued
November 15, 1988
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1918 OSHA 1917 Marine Terminals
Source
View the official document

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 15, 1988

Mr. Edward T. Ponek
Director of Safety
Maher Terminals, Inc.
[Recipient address omitted]
Dear Mr. Ponek:

This is in response to your letter dated September 21, requesting an interpretation of 1918.85(b)(4).

The rule to which you refer specifically requires that outbound containers that are consolidated in a marine terminal shall be weighed. As you are aware, 1918.85(b)(3) only exempts the open type vehicle carrying container from this requirement.

However, your reasoning for extending this exemption to closed containers carrying only vehicles appears to have merit. You may wish to apply for a variance from the requirements of this standard, and also from 1917.71(b)(3) which is analogous, by writing to:

Mr. James J. Concannon
Office of Variance Determination
U.S. Department of Labor - OSHA
200 Constitution Avenue, N.W. Room N3653
Washington, D.C. 20210

We hope that this answers your question.

Sincerely,
Thomas J. Shepich, Director
Directorate of Compliance Programs

Related guidance

Permanently labeled locks for electrical lockout Opinion Letter · August 17, 2026 Helmet selection for lateral head-impact hazards Opinion Letter · August 17, 2026 Asbestos precautions when restoring drywall after flood damage Opinion Letter · May 7, 2026 Enforcement policy for recording and reporting COVID-19 cases Guidance · March 31, 2026

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace