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May 13, 1980

Mr. Paul M. Osborne
General Operations Manager
Eller Outdoor Advertising Co. of Colorado
Division of Combined Communications Corp.
P.O. Box 1468
Denver, Colorado 80201

Dear Mr. Osborne:

This is in response to your letter dated April 23, 1980, requesting a permanent variance from Section 1926.104(b) - Tie-Off Systems, of the Occupational Safety and Health Regulations for Construction.

Your request should have been made under Section 1910.23(c)(1) of the General Industry Standards concerning the guarding of open-sided floors, platforms, and runways. Your operation is covered under the General Industry Standards rather than the Construction Regulations. The General Industry Standards do not have a section pertaining to tie-off systems, therefore, a variance is not required.

OSHA has determined that when a standard guardrail is not feasible because it would result in impairment of the work being performed alternate protection may be provided for employees. A tie-off system is acceptable as a method of meeting the intent of Section 1910.23(c)(1). A copy of OSHA Directive Number 75-40 is enclosed for your guidance.

Our technical staff has reviewed the sketch of the poster panel submitted with your application. It has been determined that the eye bolts should be relocated to a position that would be at least waist high for the employee's safety belt and lanyard. Waist high should be the lowest location in use to reduce the distance an employee would fall from the platform in the event of an accident.

Affected employees should be notified of this decision in the same manner they were notified of your request for a variance.

No further action will be taken on your request for a variance. If I can be of further assistance, please contact my office at (202) 523-7144.

Sincerely,



James J. Concannon Director
Office of Variance Determinations