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August 9, 1982

Mr. Kevin D. Lyons
Safety Inspector
Safety and Systems Assurance Branch
Washington Metropolitan Area Transit Authority
600 Fifth Street, N.W.
Washington, D.C. 20001

Dear Mr. Lyons:

This is in response to your letter of July 27, 1982, requesting a clarification of 29 CFR 1910.23(a)(5) as it would apply to repair pits.

Employees engaged in maintenance work at bus and rail car inspection and repair pits when the bus or rail car covers the pit are not in violation of 29 CFR 1910.23(a)(5). When the pit or pits are not covered, employees walking ar least 6 feet from the pit would not be in violation of 29 CFR 1910.23(a)(5), provided the following actions are implemented by the employer:

1. The employee's safety training program will instruct employees to maintain a 6 feet clear distance from uncovered pits.

2. Highly visible contrasting lines will be installed 6 feet from the edge of pits.

3. Employer will install caution signs and ensure compliance by employees.

If I may be of further assistance, please feel free to contact me.

Sincerely,



Patrick R. Tyson
Director,
Federal Compliance and State Programs