DOT vehicle-rule changes and an OSHA enforcement directive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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.