Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical Marine Terminals Standards [16 VAC 25 ‑ 120]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Terminal Handling Intermodal Containers/Roll-on Roll-off Operations; Vertical Tandem Lifts, Public
Action 4204
General Information
Action Summary In 2009, federal OSHA issued new provisions in the Marine Terminals Standard (Part 1917) to regulate the use of Vertical Tandem Lifts (“VTLs”). Those new requirements were related to the practice of a container crane lifting two empty intermodal containers together, one on top of the other, connected by semiautomatic twistlocks (SATLs) (See photo 1). This practice is known as a vertical tandem lift. The 2009 final rule permitted VTLs of no more than two such empty containers provided certain safeguards were followed. [79 FR 22018] Currently, federal OSHA has implemented a court-ordered remand of §1917.71(i)(9), as applied to ship-to-shore Vertical Tandem Lifts (VTLs), and has removed paragraph (i)(10) of §1917 which prohibited the lifting of platform containers also called “flat racks” as part of a VTL. Platform containers are without sides, ends and roof, and are used for odd-sized cargo which does not fit on or in any other type of container. (See photo 2) Additionally, federal OSHA has revised the scope of the VTL standard in the introductory text to paragraph (i) of §1917.71 to make clear that vertical tandem lifts of platform containers are not covered. Consequently, federal OSHA believes that the only reasonable way to implement the decision of the U.S. Court of Appeals for the District of Columbia Circuit, which vacated the provision banning VTLs of platform containers, is to: 1) exempt VTLs of platform containers from the scope of §1917.71(i) in addition to removing existing §1917.71(i)(10), which prohibited the lifting of platform containers as part of a VTL; and 2) add a new paragraph in §1917.71(i)(9) to make the inspection requirements in §1917.71(i)(9) inapplicable to ship-to-shore VTLs. The final rule codifies the Court’s action. [79 FR 22019]
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Code of Virginia Section 2.2-4006.A.4.a
RIS Project Yes  [004103]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7001 Final Stage complete. This regulation became effective on 09/01/2014.
Contact Information
Name / Title: Cristin Bernhardt  / Regulatory Coordinator / Staff Attorney
Address: Main Street Centre
600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2392    FAX: (804)786-2641    TDD: ()-

This person is the primary contact for this agency.