Is the act of loading/unloading a PSM/RMP chemical exempt from OSHA/EPA enforcement? Absolutely not! Somewhere this little fib began and it has spread like wildfire. If you have a release of your HHC/EHS during unloading or loading, rest assured OSHA and/or EPA can investigate and inspection, and here’s why…
The Department of Transportation (DOT) preempts OSHA’s jurisdiction over the interstate trucking industry while traveling public roads. OSHA’s jurisdiction over interstate motor vehicles is limited to vehicles operated in the workplace and not on public roads. OSHA also has jurisdiction over all intrastate trucking (such as gravel and sand haulers, logging, agriculture, and cement and concrete mixers). DOT has jurisdiction over transportation of hazardous materials, whether interstate or intrastate.
Department of Transportation Hazardous Materials Act:
– Gives OSHA authority to regulate worker safety in hazardous materials transportation (called a “reverse federal preemption provision”)
– Hazardous material cargo would not be exempted by DOT Hazmat rules or from OSHA regulation including PSM (e.g., loading and unloading facilities)
OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.
For example:
While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.
While operating at an airport, if there is an operational plan negotiated between the carrier and the Federal Aviation Administration (FAA) that covers a working condition, then the FAA has jurisdiction.
Due to the DOT brake regulation, OSHA does not cite for failure to chock trailer wheels if the vehicle is otherwise adequately secured. DOT’s regulation preempts enforcement and DOT has jurisdiction. However, if the vehicle is an intrastate truck, OSHA has jurisdiction. Only another Federal agency may preempt OSHA’s jurisdiction.
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