- Standard Number:
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.
April 27, 1977
|MEMORANDUM FOR:||Curtis A. Foster
|Subject:||Clarification of 1910.67(b)(4)(i)(c)|
This is in response to your memorandum of February 25, 1977, regarding the above subject. In addition, it confirms a conversation between members of our staffs, regarding possible answers to the questions in your referenced memorandum.
Your first question has two parts. The first part reads; "Does this mean that a commercial tree trimming company working from a properly insulated aerial device can work within 10 feet of an electric power line when they are involved in "line-clearance tree-trimming...?" The answer is yes, in most work situations.
The second part of your first question appears to ask; "Does this mean that a commercial tree trimming company working from a properly insulated aerial device cannot work within 10 feet of an electric power line when they are involved in other than line-clearance tree-trimming? The answer is yes, in most work situations.
The rationale for the affirmative answers is that most line-clearance tree-trimming employees and employers would be required to comply with 29 CFR 1910.268 Telecommunications, or 29 CFR 1926, Subpart V-Power Transmission and Distribution.
Your statement that the SIC for tree trimmers is 0783 is followed by the question; "Should the standards of 1910, 1926, or 1928 be applied?" Standards from general industry, Part 1910, or construction industry, Part 1926, or Section 5.(a)(1) of the Act may be appropriate where aerial devices (aerial lifts) are in use by tree-trimmers proximate to electric power lines. Section 5.(a)(1) of the Act may be appropriate where aerial devices are used by tree-trimmers in agricultural operations proximate to electric power lines.
If you are seeking OSHA's definition of "agricultural operations", the definition is not finalized. Each worksite will continue to be considered individually.
Richard P. Wilson
Federal Compliance and State Programs