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.

April 14, 1978

Mr. James H. Carr President
Western Pacific Equipment Co.
13722 Carmenita Road
Santa Fe Springs, California 90670

Dear Mr. Carr:

This is in response to your letter dated December 22, 1977, concerning the use of personnel hoists by the plant test personnel. Please accept my apology for the delay in response.

The personnel hoist used during the construction of the coal gasification test facility is required to meet all of the applicable requirements contained in 29 CFR 1926.552 of the construction standards. After completion of all construction work, the personnel hoist would be in the jurisdiction of the State, City or local government. There are no applicable rules in the Federal General Industry Standards pertaining to elevator or personnel hoists.

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

Sincerely,



Janet H. Sprickman,
Acting Chief
Division of Occupational
Safety Programming