Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

January 13, 1981

Mr. James Richardson
International Union of Bricklayers
and Allied Craftsmen
815 15th Street, N.W.
Washington, D.C. 20006

Dear Mr. Richardson:

This is in response to your letter of January 6, 1981 concerning the applicability of standards 29 CFR 1926.28, 29 CFR 1926.104, 29 CFR 1926.105, and 29 CFR 1926.500(d)(1) to the process of overhand-bricklaying.

It is the interpretation of OSHA that these standards do not apply to the process of overhand-bricklaying and that, therefore, masons and mason tenders are exempt from these regulations.

The Occupational Safety and Health Administration will continue to study the problem by consulting with the Advisory Committee on Construction Safety and Health, the Mason Contractors of America, the International Union of Bricklayers and Allied craftsmen, the International Laborers Union, and other interested parties, to determine what new regulations, if any, would be appropriate for promulgation concerning this matter.


Eula Bingham
Assistant Secretary
Occupational Safety and Health