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.

May 8, 1978

Mr. Robert M. Fitzgerald
Attorney
Lewis, Mitchell & Moore
Suite 440,
Watergate Six - Hundred 600
New Hampshire Avenue, N.W.
Washington, D.C. 20037

Dear Mr. Fitzgerald:

This is in response to your letter dated May 2, 1978, concerning OSHA regulations for construction.

The regulatory requirement contained in 29 CFR 1926.552 "Material Hoists, Personnel Hoists, and Elevators" do apply to cantilever type personnel hoists with the exception of subparagraph 29 CFR 1926.552(c)(16). The reference to American National Standard A10.4 - 1963, Safety Requirements for Workmen's Hoists was exempted for cantilever type personnel hoists because not all of the specifications for design criteria contained in ANSI A10.4 - 1963 are applicable to cantilever type hoists.

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

Sincerely,



John K. Barto, Chief
Division of Occupational
Safety Programming