Page 82 - Occupational Health & Safety, October 2018

TRANSPORTATION SAFETY
more likely to be under OSHA’s jurisdiction.
Loading Docks
An obvious potential intersection of OSHA and DOT jurisdic- tions at an industrial facility is the shipping and receiving depart- ment, particularly the loading docks. DOT clearly has jurisdiction over the truck on the highway, but OSHA regulations generally govern workers’ safety and health and the responsibilities of em- ployers to ensure their safety at the warehouse, the dock, and in all places trucker drivers go to deliver and pick up loads (e.g., entering
the warehouse, restrooms, etc.).
OSHA generally has jurisdiction over “off highway” loading and
unloading, including the use of powered industrial trucks, such as forklifts. However, the DOT regulations concerning brakes pre- empt OSHA regulations regarding chocking trailer wheels while at the loading dock. The safety of the maintenance and repair activi- ties on commercial motor vehicles is generally covered by OSHA regulations, while the specific requirements for maintenance of the vehicle generally are covered by DOT. Finally, the truck driver, whose driving tasks are covered by DOT regulations, is covered by OSHA regulations if s/he is expected to respond to hazardous chemical spills.
Conclusion
Employers and safety professionals should be aware of the vari- ous safety and health laws and government agencies that may impact their business and operations, beyond just OSHA, and must know which particular law applies to the specific “working conditions” and hazards in order to be in compliance. When in doubt, erring on the side of employee safety should drive all deci- sion making.
Todd Logsdon is a partner in the Louisville office of labor and em- ployment law firm Fisher Phillips. He may be reached at 502-561- 3971 or tlogsdon@fisherphillips.com.
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