Can a Freight Elevator Be Used for Passengers: ADA and Liability

Generally, a freight elevator cannot be used for passengers. Under the ASME A17.1/CSA B44 Safety Code, the only people permitted to ride are the designated operator and the workers actively loading or unloading cargo.1The American Society of Mechanical Engineers. A17.1 – Safety Code for Elevators and Escalators A freight elevator can be legally opened to passenger use, but only after it has been upgraded to meet every standard that applies to a passenger elevator and recertified for the new use. Until that happens, letting other riders on exposes the building owner to OSHA citations, personal injury claims, and denial of insurance coverage.

Who the Code Allows on a Freight Elevator

The ASME code draws a hard line between elevator types. A freight elevator is one “used primarily for carrying freight and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride.” A passenger elevator is one “used primarily to carry persons other than the operator and persons necessary for loading and unloading.”1The American Society of Mechanical Engineers. A17.1 – Safety Code for Elevators and Escalators The International Building Code adopts ASME A17.1 by reference, so jurisdictions that follow the IBC enforce these definitions as law.2ICC. Chapter 30 Elevators and Conveying Systems

In practice that means a warehouse supervisor riding between floors, or office workers using the freight car because the passenger elevator is slow, are both in violation. The rule doesn’t turn on intent or duration. If you’re not the operator and you’re not there to move the cargo, you shouldn’t be in the car.

Federal workplace safety rules go further in some settings. OSHA’s construction standard requires material hoists to post “No Riders Allowed” conspicuously on the car frame and prohibits anyone from riding except for inspection and maintenance.3eCFR. 29 CFR 1926.552 – Material Hoists, Personnel Hoists, and Elevators In maritime and longshoring operations, elevators must be operated only by designated persons, and load limits must be posted inside and outside the car.4Occupational Safety and Health Administration. 1917.116 – Elevators and Escalators

Why Freight Elevators Are Unsafe for Riders

Freight and passenger elevators are engineered around different problems. A passenger car is built for human comfort and safety: precise floor leveling, finished interiors, handrails, controlled lighting and ventilation, door sensors that reopen on an obstruction, and emergency communication tied to a 24-hour monitoring service. A freight car is built for load capacity and durability, with reinforced steel panels, heavy non-skid floors, wider or vertically opening doors, and utilitarian lighting. The features that protect a person during normal operation are often absent.

Specific hazards OSHA and the code contemplate include:

  • Rough leveling that can leave the car floor several inches above or below the landing, creating a trip hazard.
  • Doors without the infrared sensors or mechanical safety edges that keep passenger elevator doors from closing on a person. Vertical-opening freight doors can pin or strike someone in the doorway.
  • No emergency phone or intercom, so anyone trapped inside has no way to call for help.
  • Exposed gate mechanisms, chain drives, or other moving parts that create entanglement risks for untrained riders.
  • Cargo that can shift in transit and crush or pin someone against the car wall, with no restraint systems or spatial separation to prevent it.
  • Poor lighting and minimal ventilation, which make hazards harder to see and worsen conditions during an entrapment.

Freight elevators engineered for forklift loading add another layer of risk. During loading, the platform may bear well above its rated capacity to absorb the truck’s momentary weight, and anyone standing on the car shares space with heavy industrial equipment that isn’t slowed or restricted for pedestrian traffic.

Converting a Freight Elevator for Passenger Use

A building owner who needs the same shaft to move people and cargo has a legal path forward. The ASME A17.1 code permits freight elevators to carry passengers when they meet every requirement that applies to a passenger elevator in addition to their freight rating. These are sometimes called service or combination-use elevators.

Conversion typically involves upgrading doors with reopening devices, installing precise automatic leveling, adding interior finishes and handrails, installing emergency communication equipment, improving lighting and ventilation, and having the elevator re-inspected and recertified for the new classification. The data plate must be updated to reflect the dual-use rating, and signage must indicate that passenger use is permitted.

Cost and complexity track the elevator’s age and condition. A modern freight elevator with automatic doors may need only modest upgrades. An older unit with manual vertical-opening doors and a basic hydraulic system can require a near-complete overhaul. Expect the local authority having jurisdiction to require a full inspection before approving the change in use.

Freight Elevators and ADA Accessibility

One boundary is worth stating plainly, because building owners often assume the wrong thing. A freight elevator cannot serve as an accessible route under the ADA. The U.S. Access Board states that only passenger elevators as classified under ASME A17.1 satisfy ADA Standards for accessibility between floors, and a building’s freight elevator does not count toward compliance.5U.S. Access Board. Elevators and Platform Lifts – ADA Standards

The reverse is also true: an elevator that carries both passengers and freight, such as a retail service elevator used by customers as well as for deliveries, is classified as a passenger elevator and must meet full ADA Standards.5U.S. Access Board. Elevators and Platform Lifts – ADA Standards Labeling a passenger-carrying elevator as “freight” does not avoid the requirement.

What Building Owners Risk

Employers face direct federal liability when workers ride a freight elevator that hasn’t been converted. OSHA has issued citations in cases where employees riding freight elevators were exposed to crushing hazards between the moving car and the shaft structure. Citations can arise under specific elevator standards or the General Duty Clause, which requires employers to keep the workplace free from recognized serious hazards.

As of 2025, the maximum OSHA penalty for a serious violation is $16,550, adjusted annually for inflation. Willful or repeated violations carry penalties up to $165,514 each.6Occupational Safety and Health Administration. OSHA Penalties In maritime settings, OSHA also requires annual inspections, monthly operational checks, and posted inspection results inside the car.4Occupational Safety and Health Administration. 1917.116 – Elevators and Escalators

Civil liability sits on top of the regulatory exposure. When someone is injured or killed, premises liability claims turn on whether the owner or operator knew or should have known that people were riding the freight elevator and failed to stop it. Given that the ASME code and OSHA rules clearly prohibit unauthorized passenger use, an owner who tolerated the practice will have a hard time arguing it acted reasonably.

Insurance is the exposure that can turn an incident into a financial disaster. Commercial property and liability policies typically assume elevators are being operated in compliance with applicable codes. An accident involving unauthorized passenger use gives the insurer grounds to deny the claim or rescind coverage on the basis that the policyholder violated a fundamental condition of the policy. The owner then faces the injury claim without insurance backing.

Practical steps close most of that gap: post clear signage on every freight elevator prohibiting passenger use, enforce the restriction through training and supervision, keep inspection records current, and if the elevator genuinely needs to carry people, budget for a proper conversion and recertification rather than looking the other way.