Interpretation ID: 2669o

Ms. Beth Whitman
Marketing Services Manager
Ken-Tool
768 East North Street
Akron, Ohio 44305

Dear Ms. Whitman:

This responds to your letter of September 25, l987, concerning the use of "steel duck-billed hammers" to change farm and truck tires. You expressed concern that a competitor is using a safety chart produced by NHTSA to support its claim that the use of these tools is prohibited.

The NHTSA safety chart, "Safety Precautions for Mounting and Demounting Tube Type Truck/Bus Tires," includes two specific references to hammers/hammering. Under the heading "Deflation and Assembly," the chart states: "Never use a steel hammer to assemble or disassemble rim components--Use a lead, brass, or plastic type mallet. Proper tools are available through rim/wheel distributors." Under the heading "Assembly and Inflation," the chart states: "Never hammer on components of an inflated or partially inflated assembly." These precautions apply to steel hammers and hammering in general, and the chart does not state that steel duck billed hammers should not be used for other applications in changing tires.

We note that you enclosed a copy of a July l3, l987 letter from the Occupational Safety and Health Administration (OSHA), stating the following:

[OSHA] does not prohibit the proper use of a steel duck billed hammer for servicing wheels used on large vehicles such as trucks, tractors, trailers, buses and off-road machines.

Under the OSHA regulations at 29 CFR l9l0.l77(d)(6), employers are required to furnish and assure that only tools recommended in the rim manual for the type of wheel being serviced are used to service rim wheels. Further, under 29 CFR l9l0.l77(f)(8), the regulations specify that: No attempt shall be made to correct the seating of side and lock rings by hammering, striking or forcing the components while the tire is pressurized.

You state that you are concerned that your competitor's tool may not meet OSHA regulations and may be less than safe to use. We suggest that you contact OSHA about this concern. You may also wish to contact the Federal Trade Commission concerning your belief that your competitor's advertising is misleading.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

ref:110#120 d:2/ll/88