C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Subpart N—Materials Handling and Storage

29 C.F.R. § 1910.176

Handling materials—general

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(a) Use of mechanical equipment. Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked.

(b) Secure storage. Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.

(c) Housekeeping. Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control will be exercised when necessary.

(d) [Reserved]

(e) Clearance limits. Clearance signs to warn of clearance limits shall be provided.

(f) Rolling railroad cars. Derail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, enter a building, work or traffic area.

(g) Guarding. Covers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc.

[39 FR 23052, June 27, 1974, as amended at 43 FR 49749, Oct. 24, 1978]
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1979–2022 · leading case: Gronski v. Cnty. of Monroe, 963 N.E.2d 1219 (NY 2011).
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Gronski v. Cnty. of Monroe, 963 N.E.2d 1219 (NY 2011). · cites it 2× “NOTES [1] The relevant regulation, 29 CFR 1910.176 (b), provides: "Storage of material shall not create a hazard.”
Vernieri v. Empire Realty Co., 219 A.D.2d 593 (N.Y. App. Div. 1995). · cites it 3× “In his bill of particulars, the plaintiff alleged that Empire violated Labor Law §§ 200, 240, and 241 (6) and the rules and regulations promulgated thereunder including Rule 23 of the Industrial Code and a regulation of the Occupational Safety and Health Administration…”
Martin J. Walsh v. Walmart, Inc., 49 F.4th 821 (2d Cir. 2022). · cites it 5× “The Commission found the phrase “stored in tiers” in the 1 second sentence of 29 C.F.R. § 1910.176 (b) did not apply to pallets of 2 merchandise located in a Walmart Distribution Center in Johnstown, New York.”
Linda Huffman, Individually & as Pers. Rep. of the Est. of Jerry Huffman v. Dexter Axle Co. & Evans Equip. Co., 990 N.E.2d 947 (Ind. Ct. App. 2013). · cites it 6× “Specifically, Linda points to OSHA regulation 29 C.F.R. § 1910.176 (b), incorporated in Indiana by 29 5 Additionally, the Illinois Supreme Court expressly disapproved both cases in LaFever v.”
Mohamed v. 1st Class Staffing, LLC, 286 F. Supp. 3d 884 (S.D. Ohio 2017). “See 29 C.F.R. § 1910.176 (a) ("Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles .”
Miller v. Pac. Trawlers, Inc., 131 P.3d 821 (Or. Ct. App. 2006). “, 29 CFR § 1910.176 (b) (2005) (“Storage of material shall not create a hazard.”
Janes v. Alaska Railbelt Marine, LLC, 309 P.3d 867 (Alaska 2013). · cites it 2× “29 C.F.R. § 1910.176 (f) (2006) provides that "[dJerail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could *879 contact other cars being worked, enter a building, work or traffic area.”
Sanderson Farms, Inc. v. Occupational Saf. & Health Review Comm'n, 348 F. App'x 53 (5th Cir. 2009). · cites it 2× “Based on the compliance officer’s observations and interviews with employees, the Secretary issued a citation, with a proposed penalty of $6,300, alleging a serious violation of 29 C.F.R. § 1910.176 (b) for failing to store material so it did not create a hazard.”
Noranda Aluminum, Inc. v. Occupational Saf. & Health Review Comm'n, 593 F.2d 811 (8th Cir. 1979). · cites it 3× “4 The regulation involved in this case appears as 29 C.F.R. § 1910.176 (b). It requires employers to provide secure storage for materials, and it specifies that where materials are to be stored in tiers they are to be secured by one means or another so that they are stable and…”
C. Ray Davenport, Comm'r of Labor & Indus. v. Util. Trailer Mfg. Co. (Va. Ct. App. 2022). · cites it 6× “Pursuant to this authorization, the Board has -2- incorporated several federal regulations, including 29 C.F.R. § 1910.176 (a), into its administrative code.”
Linda a. Wejnert, Etc. Vs. Mccain Foods USA, Inc. (l-2770-16, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “" OSHA Handling materials–general, 29 C.F.R. § 1910.176 (b) (2020). A-1525-18T1 7 doors.”
— 29 C.F.R. § 1910.176(F) — 1 case
Janes v. Alaska Railbelt Marine, LLC, 309 P.3d 867 (Alaska 2013). “29 C.F.R. § 1910.176 (f) (2006) provides that "[dJerail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could *879 contact other cars being worked, enter a building, work or traffic area.”
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