[Code of Federal Regulations]
[Title 27, Volume 7]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1917.71]

[Page 216-218]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1917--MARINE TERMINALS--Table of Contents
 
                    Subpart D--Specialized Terminals
 
Sec. 1917.71  Terminals handling intermodal containers or roll-on roll-off operations.

    (a) Every intermodal container shall be legibly and permanently 
marked with:
    (1) The weight of the container when empty, in pounds;
    (2) The maximum cargo weight the container is designed to carry, in 
pounds; and
    (3) The sum of the weight of the container and the cargo, in pounds.
    (b) No container shall be hoisted by any crane or derrick unless the 
following conditions have been met:
    (1) The employer shall ascertain from the carrier whether a 
container to be hoisted is loaded or empty. Empty containers shall be 
identified before loading or discharge in such a manner as will inform 
every supervisor and foreman on the site and in charge of loading or 
discharging, or every crane or other hoisting equipment operator and 
signalman, if any, that such container is empty. Methods of 
identification may include cargo plans, manifests or markings on the 
container.
    (2) In the case of a loaded container:
    (i) The actual gross weight shall be plainly marked so as to be 
visible to the crane or other hoisting equipment operator or signalman, 
or to every supervisor and foreman on the site and in charge of the 
operation; or
    (ii) The cargo stowage plan or equivalent permanently recorded 
display serving the same purpose, containing the actual gross weight and 
the serial number or other positive identification of that specific 
container, shall be provided to the crane or other hoisting equipment 
operator and signalman, if any, and to every supervisor and foreman on 
the site and in charge of the operation.
    (3) Every outbound loaded container which is received at a marine 
terminal ready to load aboard a vessel without further consolidation or 
loading shall be weighed to obtain the actual gross weight, either at 
the terminal or elsewhere, before being hoisted.
    (4)(i) When container weighing scales are located at a marine 
terminal, any outbound container with a load consolidated at that 
terminal shall be weighed to obtain an actual weight before being 
hoisted.
    (ii) If the terminal has no scales, the actual gross weight may be 
calculated on the basis of the container's contents and the container's 
empty weight. The weights used in the calculation shall be posted 
conspicuously on the container, with the name of the person making the 
calculation and the date.
    (5) Open type vehicle carrying containers and those built 
specifically and used solely for the carriage of compressed gases are 
excepted from paragraphs (b)(3) and (b)(4) of this section.
    (6) Closed dry van containers carrying vehicles are exempted from 
paragraph (b)(4) of this section provided that:
    (i) The container carries only completely assembled vehicles and no 
other cargo;
    (ii) The container is marked on the outside in such a manner that an 
employee can readily discern that the container is carrying vehicles; 
and
    (iii) The vehicles were loaded into the container at the marine 
terminal.
    (7) The weight of loaded inbound containers from foreign ports shall 
be determined by weighing or by the method of calculation described in 
paragraph (b)(4)(ii) of this section or by shipping documents.
    (8) Any scale used within the United States to weigh containers for 
the purpose of the requirements of this section shall meet the accuracy 
standards of the state or local public authority in which the scale is 
located.
    (c) No container or containers shall be hoisted if their actual 
gross weight exceeds the weight marked as required in paragraph (a)(2) 
of this section, or if it exceeds the capacity of the crane or other 
hoisting device intended to be used.
    (d)(1) Marked or designated areas shall be set aside within a 
container or roll-on roll-off terminal for passage of employees to and 
from active cargo

[[Page 217]]

transfer points, except where transportation to and from those points is 
provided by the employer.
    (2) The employer shall direct employees to stay clear of the area 
beneath a suspended container.
    (e) Each employee working in the immediate area of container 
handling equipment or in the terminal's traffic lanes shall wear a high 
visibility vest (or equivalent protection).\7\
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    \7\ Decals on hard hats will not be considered equivalent protection 
for the purposes of this paragraph.

    Note to paragraph (e):
    High visibility vests or equivalent protection means high 
visibility/retro-reflective materials which are intended to make the 
user clearly visible by day through the use of high visibility 
(fluorescent) material and in the dark by vehicle headlights through the 
use of retro-reflective material. For example, an acceptable area of 
material for a vest or equivalent protection is .5 m\2\ (760 in.\2\) for 
fluorescent (background) material and .13m\2\ (197 in.\2\) for retro-
reflective material. Vests or equivalent protection, such as high 
visibility/retro-reflective coveralls, that are available for industrial 
use, may also be acceptable.

    (f) Containers shall be handled using lifting fittings or other 
arrangements suitable and intended for the purpose as set forth in 
paragraphs (f)(1) through (f)(4) of this section, unless damage to an 
intermodal container makes special means of handling necessary.
    (1) Loaded intermodal containers of 20 feet (6.1 m) or more in 
length shall be hoisted as follows:
    (i) When hoisting containers by the top fittings, the lifting forces 
shall be applied vertically from at least four such fittings. A less 
than vertical lift is permitted only under the following conditions:
    (A) The container being lifted is an ISO closed box container;
    (B) The condition of the box is sound;
    (C) The speed of hoisting and lowering is moderated when heavily 
ladened containers \8\ are encountered;
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    \8\ A heavily laden container is one that is loaded to within 20 
percent of its rated capacity.
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    (D) The lift angle is at 80 to 90 degrees;
    (E) The distance between the lifting beam and the load is at least 8 
feet and 2.4 inches (2.5 m); and
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot 
container.
    (ii) If hoisted from bottom fittings, the hoisting connections shall 
bear on the fittings only, making no other contact with the container. 
The angles of the four bridle legs shall not be less than 30[deg] to the 
horizontal in the case of 40 foot (12.2 m) containers, 37[deg] in the 
case of 30 foot (9.1 m) containers, and 45[deg] in the case of 20 foot 
(6.1 m) containers.
    (iii) Lifting containers by fork lift trucks or by grappling arms 
from above or from one side may be done only if the container is 
designed for this type of handling.
    (iv) Other means of hoisting may be used only if the containers and 
hoisting means are designed for such use.
    (2)(i) When using intermodal container spreaders that employ 
lanyards for activation of load disengagement, all possible precautions 
shall be taken to prevent accidental release of the load.
    (ii) Intermodal container spreader twistlock systems shall be 
designed and used so that a suspended load cannot accidentally be 
released.
    (3) Flat bed trucks or container chassis used to move intermodal 
containers shall be equipped with pins, flanges, or other means to 
prevent the container from shifting.
    (4) After July 27, 1998, flat bed, low boy trailers (mafis) and 
other similar equipment used to transport containers shall be marked 
with their cargo capacities and shall not be overloaded.
    (5) Each tractor shall have all brake air lines connected when 
pulling trailers equipped with air brakes and shall have the brakes 
tested before commencing operations.
    (g)(1) Intermodal containers shall be inspected for defects in 
structural members or fittings before handling.
    (2) Any intermodal container found to be unsafe shall be identified 
as such, promptly removed from service and repaired before being 
returned to service.

[[Page 218]]

    (h) Containers shall not be hoisted unless all engaged chassis twist 
locks are released.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997; 65 
FR 40940, June 30, 2000]