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Standard Interpretations
06/17/2004 - Clarification of the Powered Industrial Truck
(1910.178) standard's use of the terms "in need of repair,"
"defective," and "unsafe."
. Standard Interoretations - Table of Contents
. Standard Number: 1910.178; 1910.178(0)(1); 1910.178(q)(1); 1910.178(p);
1910.178(q)
June 17, 2004
Mr. William Overby
2932 Hazel Ave.
Dayton, OH 45420
Dear Mr. Overby:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA). The
Directorate of Enforcement Programs (DEP) received your letter on May 19. This letter
constitutes OSHA1s interpretation only of the requirements discussed and may not be
applicable to any question or scenario not delineated within your original correspondence.
You had concerns about 29 CFR 1910.178(p)(1) and (q)(l) and managemenes possible use
of such regulations against one another.
Issue: The language of 29 CFR 1910.178(p)(1), requiring that U[i]f at any time a powered
industrial truck is found to be in need of repair, defective, or in any way unsafe, the truck
shall be taken out of service until it has been restored to safe operating condition, 11 and
1910.178 ( q) ( 1), req u i ri ng that II [a] ny power-operated i nd ustria I tru ck not in safe ope rati n 9
condition shall be removed from servicell are seemingly inconsistent.
Question 1: Can OSHA provide specific definitions of lIin need of repair" and "defective?fI
Reply: It is first necessary to note that 1910.178(p) addresses the operation of a powered
industrial truck, while 1910.178(Q) addresses maintenance of industrial trucks, accounting
for the difference in language between the two standards. While ~he former focuses on
conditions under which a vehicle cannot be safely operated, the latter addresses when
maintenance should be performed and by whom ("authorized personnel")..
Neither 29 CFR 1910.178, its source standard ANSI 856.1-1969, nor the current ASME
856.1-2000 defines any of the words for which you request clarification. However, in
determining whether a truck is II . . . in need of repair, defective, or in any way unsafe, II
OSHA would take a variety of factors into consideration. These factors include, but are not
limited to, the condition of the truck itself, the manufacturer's limitations on the truck, and
other safety issues, such as those considerations found in consensus standards like ANSI
856.1. While specific definitions of these words are not ava ila ble, in this context OSHA wi II
consider the totality of the circumstances surrounding a powered industrial truck in
determining whether it is lIin need of repairu or Udefective. II
Question 2: What does OSHA mean when the word uunsafe" is used in the standard, and
can OSHA provide examples of an unsafe condition on a powered industrial truck?
Reply: IIUnsafe/' as used in 1910.178(p)(1), carries the general connotation of presenting a
harm or risk. As stated above, OSHA will consider a number of factors in determining
whether a powered industrial truck is unsafe. For example, all gauges must be functioning
properly for the truck to be considered safe. Should a gauge not be functioning properly,
that truck will usually be considered defective and in need of repair, thereby making the
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06/17/2004 - Clarification of the Powered Industrial Truck (1910.178) standard's use ofth... Page 2 of2
truck unsafe. Broken welds, missing bolts, or damage to the overhead guard would indicate
that a truck is unsafe. Tires that are missing large pieces of rubber would present a risk to
the truck operator, thereby making the truck unsafe. Such conditions must be repaired and
corrected before the truck is placed back in service. It must be noted, however, that these
are simply examples of unsafe conditions on a powered industrial truck; this list is not
inclusive and there are certainly other conditions that would render a truck unsafe.
Thank you for your interest in occupational safety and health. We hope you find this
information helpful. Please be aware that OSHA's enforcement guidance is subject to
periodic review and clarification, amplification, or correction. Such gUidance could also be
affected by subsequent rulemaking. In the future, should you wish to verify that the
guidance provided herein remains current, you may consult OSHA1s website at
http :/ /www .osha .gov. If you have any further questions, please feel free to contact the
Office of General Industry Enforcement at (202) 693-1850.
Sincerely,
Richard E. Fairfax, Director
Directorate of Enforcement Programs
. Standard Interpretations - Table of Contents
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