OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

June 22, 1976

Mr. Dennis H. Garda
Corporate Safety Director
Warner Communications, Inc.
75 Rockefeller Plaza
New York, New York 10019

Dear Mr. Garda:

Assistant Secretary Morton Corn has asked me to respond to your letter dated May 13, 1976, regarding 29 CFR 1910.67 as it applies to "Extensible Ladders" and the requirement for "upper and lower" controls.

The standard in question reads as follows:

29 CFR 1910.67(c)(2)(ix): Vehicle-Mounted Elevating and Rotating Work Platforms, Specific Requirements, Extensible and Articulating Boom Platforms. Articulating boom and extensible boom platforms, primarily designed as personnel carriers, shall have both platform (upper) and lower controls. Upper controls shall be in or beside the platform within easy reach of the operator. Lower controls shall provide for overriding the upper controls. Controls shall be plainly marked as to their function. Lower level controls shall not be operated unless permission has been obtained from the employee in the lift, except in case of emergency.

Your equipment in question appears to fit the definition of the following standard:

29 CFR 1910.67(a)(2): Vehicle-Mounted Elevating and Rotating Work Platforms, Definitions Applicable to this Section, Aerial Ladder. An aerial device consisting of a single - or multiple - section extensible ladder.

From the above and other definitions in 29 CFR 1910.67(a), we find that an "aerial ladder" is not an "articulating boom platform" or "extensible boom platform." Therefore, 29 CFR 1910.67(c)(2)(ix) that requires "upper and lower" controls on certain articulating boom and extensible boom platforms does not apply to aerial ladders (extensible ladders).

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


John K. Barto, Chief
Division of Occupational Safety Programming