Powered industrial truck coverage for specialized carts

September 19, 2023

Paul Watson

Watson & Associates,

Occupational Hygiene and Safety, LLC

[Recipient address omitted]

Dear Mr. Watson:

Thank you for your inquiry to the Occupational Safety and Health Administration (OSHA) regarding the clarification of the definition of powered industrial trucks, as it may apply to the equipment described in your questions. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased scenario, questions, and OSHA’s response are below:

Scenario: In an OSHA interpretation letter dated June 27, 2011 (https://www.osha.gov/laws-regs/standardinterpretations/2011-06-27), OSHA noted that “ANSI / National Golf Car Manufacturers Association (NGCMA) Z130.1-2004 defines a golf car as, “a vehicle used to convey a person or persons and equipment to play the game of golf in an area designated as a golf course.” Golf cars are considered by design to be recreational vehicles and are exempt from 29 CFR 1910.178. Again, it is the design of the vehicle that is the determining factor of whether or not it is considered a powered industrial truck, rather than the manner in which it is utilized.

Question: Does OSHA standard 29 CFR 1910.178 apply to the following equipment:

A vehicle designed to convey both personnel and equipment such as welding equipment (Pack Mule Industrial Electric Vehicle: Models covered: SC-775, SCT-7750);

Motorized shopping cart trolley/collector (Dane Technologies, QuicKART: Models covered: M3, M3 E, and M3 HD); and

Motorized cart used to move racks and cages (Master Mover, Stainless Steel Smart Mover: Models covered: Z60-00100,Z60-00101, Z60-00102).

Response: Yes, 29 CFR 1910.178 applies to the equipment listed above. 29 CFR 1910.178(a)(1) states, “(t)his section contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines”. [emphasis added]. Furthermore, ANSI B56.1-1969 (incorporated by reference into 29 CFR 1910.178) defines “powered industrial truck” as a “mobile, power-driven vehicle used to carry, push, pull, lift, stack, or tier material.” The equipment referenced above is powered by electric motors and designed to carry, push, or pull material, and is thus subject to the requirements of 29 CFR 1910.178.

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 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. If you have any further questions, please feel free to contact the Office of General Industry and Agricultural Enforcement at (202) 693-1850.

Sincerely,

Kimberly Stille, Director

Directorate of Enforcement Programs