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• Standard Number: 1926.550

July 25, 1989

Mr. Paul Falconer
Safety Director
Cianbro Corporation
Hunnewell Square
Pittsfield, Maine 04967

Dear Mr. Falconer:

This is in response to your request addressed to our Area Office in Augusta, Maine, for a clarification of 29 CFR 1926.550(g)(6)(vii) concerning the fall protection requirements for employees working over water.

The existing standard which states that employees need not be secured by a safety belt while working from a personnel hoist over water simply recognizes that the possibility of drowning may outweigh the hazard of falling from the platform. Employers are not prevented from requiring alternate or additional safety equipment when employees are working over shallow water or when other conditions warrant. In addition, 29 CFR 1926.106 (working over or near water) identifies alternate safety practices and equipment requirements (work vest or life preservers) when employees are working over or near water, where the danger of drowning exists.

You requested an interpretation of the term "water" and the intent regarding depth of water. Basically the term "water" refers to the risk of drowning and not to any specific depth. Discussions in the preamble to this standard indicated a concern for employees secured to a personnel platform, who may be at a higher risk of drowning, if pulled under the surface by the hoist in which they are attached. Also, employees working over a rocky shallow shoreline or where other such hazards exist, would be more vulnerable to falling hazards than drowning; and fall protection would be warranted.

In addressing your last request, concerning possible violation of the standards, I am sure you can understand that the Occupational Safety and Health Administration (OSHA) cannot confirm or guarantee that your safety and health procedures will prevent a citation from being issued by a local Compliance Safety and Health Officer. Again the specific job site conditions will stipulate the parameters which determines whether or not a violation of a standard has occurred and if a citation will be issued.

Hopefully, this explanation will assist you and your staff in developing safety procedures for work over or around water. If this office can be of further assistance, please feel free to call us at (202) 523-8131.

Sincerely,

Gerald P. Reidy, Director
Office of Construction and Maritime
Compliance Assistance

Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents