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 http://www.osha.gov.

January 10, 1977

Mr. Darrell E. Wolbers
Corporate Manager
Statutory Regulations
J. I. Case
700 State Street
Racine, Wisconsin 53404

Dear Mr. Wolbers:

This is in reply to your letter of September 16, 1976, addressed to the Occupational Safety and Health Administration's (OSHA) Chicago Regional Office which has been forwarded to the National Office for response.

In your letter you quoted the various requirements by Federal and State agencies concerning the size of opening in the wire mesh mounted in the canopy structures of wheel and crawler tractors.

Enclosed for your review and information is a copy of OSHA's Field Memorandum #76-14 and the proposed rewrite of 29 CFR 1926.604(a)(2)(i). As you can see by these two documents OSHA recognized the discrepancies between 29 CFR 1910.266(d)(2)(i) and 29 CFR 1926.604(a)(2)(i), and as such is taking action to eliminate this discrepancy.

Thank you for you interest and concern in occupational safety and health.

Sincerely,



Richard P. Wilson
Acting Director,
Federal Compliance and State Programs