Backup alarms on industrial trucks at maritime worksites

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 10, 1993

Mr. Robert B. Parrish
Taylor, Moseley & Joyner
Attorneys and Counselors at Law
[Recipient address omitted]
Dear Mr. Parrish:

The following information is in response to your letter of May 4, 1993, to Mr. Raymond Donnelly regarding back-up alarms on [powered] industrial trucks. We agree that back-up alarms are not specifically addressed in the regulations of 29 CFR parts 1910 - General Industry, 1917 - Marine Terminals, or 1918 - Longshoring. Back-up alarms are required on certain vehicles in 29 CFR Part 1926 - Safety and Health Regulations for Construction.

Please be advised that there are two Maritime regulations, 29 CFR 1917.43(c)(5) and [29 CFR 1918.65(f)], that prohibit removal or disconnection of safety devices on [powered] industrial trucks. Thus, if the [powered] industrial truck is equipped with a back-up alarm, the alarm cannot be removed or made inoperative.

It is possible to cite an employer under the general duty clause if employees are exposed to serious injury from a backing [powered] industrial truck. There are various ways to prevent exposure like a signalman or a back-up alarm depending on the situation.

Concerning your request for a formal interpretation of the General Duty Requirements, please note we have attached a chapter from OSHA's [Field Inspection Reference Manual] which provides detailed guidance on the elements necessary to prove a 5(a)(1) violation of the general duty clause.

We hope this information provides your client with a better understanding of OSHA's Maritime Regulations.

Sincerely,

Roy F. Gurnham, Esq., P.E., Director
[Directorate of Maritime Enforcement]

Enclosure

[Correction 6/2/2005]

[Requester letter reproduced on OSHA page; omitted here.]