Osha Height Standard: Does It Apply To Truckers?

The Occupational Safety and Health Administration (OSHA) is a US government agency that provides guidelines for businesses to create a safer environment for all employees. While OSHA does not regulate self-employed truckers, it does regulate workplaces that truckers deliver goods to and the workers who receive those goods.

OSHA focuses on non-driving operations, including loading, unloading, and construction site truck use. The agency also dictates which facilities can handle toxic materials, how hazardous materials are marked or labelled, and establishes safe procedures for handling them.

OSHA has several regulations in place, including respiratory protection and sharing handling information for toxic or hazardous materials.

OSHA's authority over intrastate trucking

The Occupational Safety and Health Administration (OSHA) has authority over intrastate trucking. This includes trucks that operate solely within state borders, such as gravel and sand haulers, logging, agriculture, and cement and concrete mixers.

OSHA's authority also extends to off-highway loading and unloading, such as at warehouses, plants, grain handling facilities, retail locations, marine terminals, wharves, piers, and shipyards. In these settings, OSHA regulates the safety and health of workers and the responsibilities of employers to ensure their safety.

When it comes to accident and injury reports, OSHA keeps records of accidents involving trucks, excluding vehicular accidents, which are under DOT regulations. Tow truck company owners or employers must report incidents to OSHA, including fatalities within eight hours and non-fatal injuries within seven calendar days of learning of the incident.

OSHA provides specific standards and documents related to the trucking industry, including record-keeping and general industry standards. These standards cover various aspects of trucking operations, such as walking-working surfaces, exit routes, hazardous materials, personal protective equipment, and more.

In summary, while OSHA has significant authority over intrastate trucking, its jurisdiction overlaps with other federal agencies in certain areas, and it is important to consult the regulations of both OSHA and these agencies to ensure compliance with all applicable standards.

The role of the Department of Transportation (DOT)

The Department of Transportation (DOT) is one of the executive departments of the U.S. federal government. It was established by an act of Congress on October 15, 1966, and launched on April 1, 1967. The DOT is headed by the secretary of transportation, who reports directly to the president of the United States and is a member of the president's Cabinet.

The DOT's mission is "to deliver the world's leading transportation system, serving the American people and economy through the safe, efficient, sustainable, and equitable movement of people and goods." This involves overseeing the safe and efficient movement of people and goods across various modes of transportation, including aviation, railroads, highways, and transit systems. The DOT also has a role in supporting national transportation programs and infrastructure projects through funding and regulatory authority.

In the context of the trucking industry, the DOT has specific responsibilities and jurisdictions. While traveling on public highways, the DOT has authority over motor vehicle accidents and preempts the Occupational Safety and Health Administration (OSHA) regarding hazards addressed by Federal Motor Carrier Safety Administration (FMCSA) regulations. Additionally, the DOT has brake regulations that supersede OSHA's authority in certain situations. For example, due to the DOT brake regulation, OSHA does not cite for the failure to chock trailer wheels if the vehicle is otherwise adequately secured.

Furthermore, the DOT has towing regulations that tow truck drivers and companies must adhere to when operating on public road systems. These regulations vary by state, and tow truck operators are responsible for complying with their respective state's DOT requirements. The DOT also oversees the licensing of commercial drivers and has specific requirements for operating vehicles across state lines. While OSHA regulates the safety and health of workers in the trucking industry at warehouses, docks, construction sites, and other delivery locations, the DOT's focus is on the safe operation of vehicles and the broader transportation system.

Tow truck driver safety

Tow truck driving is considered one of the more dangerous professions, with 52 fatal injuries recorded in the motor vehicle towing industry in 2022. Tow truck drivers face many hazards, from the potential for crashes to working on the sides of busy roads.

To ensure the safety of tow truck drivers, there are several regulations and safety tips to follow. Firstly, it is important to understand the governing bodies and their respective jurisdictions. While the Occupational Safety and Health Administration (OSHA) has authority over accidents and injuries that occur while a truck is loading and unloading disabled vehicles or operating within state borders, the state Department of Transportation (DOT) governs public road systems. Therefore, tow truck drivers must adhere to both OSHA and DOT regulations.

OSHA Requirements for Tow Truck Drivers:

• Tow truck operators must be trained in the safe operation of their vehicles, including proper loading and unloading procedures, and be aware of potential hazards.
• Tow truck drivers should always wear seatbelts and ensure that all passengers are secured.
• Drug and alcohol screening is mandatory for tow truck operators before they are permitted to drive on public roads.
• Tow truck drivers should be trained in first aid and CPR, have access to appropriate safety equipment, and be familiar with applicable state laws.
• Operators must know safety practices such as proper lifting techniques and the use of correct harnesses when handling heavy loads.
• Regular vehicle inspections and maintenance are crucial to ensure the truck is in good working order, with a particular focus on brakes, tires, and other critical parts.

DOT Requirements for Tow Truck Drivers:

• Tow truck drivers are subject to DOT regulations when operating a commercial motor vehicle, including laws governing driver qualifications, record-keeping, hours of service, vehicle maintenance, and insurance requirements.
• Drivers must possess a valid DOT number, maintain driving logs, and obtain a medical certificate indicating they meet physical requirements.
• DOT vehicle inspection, maintenance, and repair regulations must be followed, ensuring the tow truck has sufficient emergency equipment and is mechanically sound.
• Proper insurance coverage is mandatory to protect against damage or losses incurred while operating the tow truck.
• DOT hours of service (HOS) regulations must be adhered to, including mandatory rest breaks to prevent driver fatigue.

General Safety Tips for Tow Truck Drivers:

• Emphasize employee training to ensure workers are knowledgeable about correct procedures and safety protocols.
• Complete equipment maintenance to prevent accidents and costly repairs. Never attempt to tow a vehicle that exceeds your equipment's weight capacity.
• Invest in Personal Protective Equipment (PPE), such as high-visibility vests, gloves, long pants, closed-toe shoes, and safety glasses.
• Prioritize safety at the scene by using running boards, handrails, and remote controls when possible. Park the tow truck to create a barrier between yourself and oncoming traffic.
• Be mindful of blind spots and ensure all mirrors and visual aids are properly set up and functioning.
• Know your cargo weight capacity and never exceed it.
• Practice sun safety by wearing sunscreen, working in the shade when possible, and staying hydrated.

By following these regulations and safety tips, tow truck companies can protect their employees, enhance their brand reputation, and minimize the risk of accidents and injuries.

Accident and injury reports

As an employer in the towing industry, it is your responsibility to report accidents and injuries to the Occupational Safety and Health Administration (OSHA). While OSHA does not regulate self-employed truckers, it does regulate workplaces to which truckers deliver goods and the workers who receive those goods.

OSHA keeps a record of accidents involving tow trucks, but these reports do not include vehicular accidents, as they fall under the Department of Transportation's (DOT) regulations. As a tow truck company owner or a driver's employer, you must report incidents to OSHA by submitting the OSHA 301 Incident Report for each event.

• Report any fatalities within eight hours, according to Standard 1904.39.
• File any non-fatal injuries within seven calendar days of learning of the incident.
• At the end of each calendar year, fill out the OSHA 300 Log and list each event reported.

It is important to note that OSHA has authority over intrastate trucking, such as gravel and sand haulers, logging, agriculture, and cement and concrete mixers. The DOT has authority over the transportation of hazardous materials, whether interstate or intrastate.

To ensure compliance with OSHA regulations, it is recommended to consult with legal professionals who can provide detailed explanations of the regulations and their implications in personal injury cases.

Common OSHA violations

While the OSHA height law does not seem to apply specifically to truckers, the Occupational Safety and Health Administration (OSHA) does set certain standards for the trucking industry. These standards are related to record-keeping and general industry, and they aim to ensure the safety and health of workers.

Improper Machinery Guarding

This violation can occur when grinding machinery is not properly guarded, posing a safety risk to workers.

Lack of Personal Protective Equipment (PPE)

Personal protective equipment, such as high-visibility vests, gloves, and heavy-duty gloves, is crucial for tow truck drivers and workers in the trucking industry. A lack of PPE can lead to violations and put workers at risk of injuries.

Inadequate Eyewashes and Showers

Providing adequate eyewash and shower facilities is essential in the trucking industry, especially when working with hazardous materials or in environments where eye and skin irritation may occur.

Improper Electrical Grounding

Ensuring proper grounding of electrical equipment is crucial to prevent electrical hazards and shocks.

Missing Guardrails on Platforms or Loading Docks

Guardrails on platforms and loading docks are essential for fall protection. OSHA requires these safety measures to be in place to prevent injuries from falls.

Failure to Follow Safety Procedures

This includes violations such as not wearing a seat belt, improper loading and unloading procedures, and inadequate training for workers.

To avoid these common violations, it is important for trucking companies and employers to prioritize safety, provide proper training, and ensure compliance with OSHA standards and regulations. By addressing these issues, the safety and well-being of truckers and workers in the industry can be significantly improved.

Frequently asked questions