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.

February 13, 1981

Mr. Jack Ruggles
Safety Director
General Contractors
2861 E. Oakland Park Boulevard
Fort Lauderdale, Florida 33306

Dear Mr. Ruggles:

This is in response to your correspondence concerning the height of enclosures for cantilever type personnel hoists.

As you indicated in your letter, 29 CFR 1925.552(c)(16) requires that all personnel hoists used by employees shall be constructed of materials and components which meet the specifications for materials, construction, safety devices assembly, and structural integrity as stated in the American National Standard A10.4-1963, Safety Requirements for Workmens Hoists. However, that subparagraph concludes with an exclusion for cantilever type personnel hoists.

The hoists at issue are cantilever type according to the information you provided. Therefore, the base fence enclosure height on the subject personnel hoists are not required to comply with 29 CFR 1926.552(c)(1). Cantilever type personnel hoists manufactured with a portion of the base fence enclosure at a height of eight feet, two inches as indicated on your attached drawings, appear to provide adequate employee protection.

If we may be of further assistance, please feel free to call or write.

Sincerely,



John K. Barto
Chief, Division of Occupational
Safety Programming