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 4, 1982

Lawrence R. Stafford, P.E.
Consulting Engineer
8 Gracemore Street
Albany, New York 12203

Dear Mr. Stafford:

This is in response to the question raised in your letter of January 20, 1982, concerning a tip-up rigid guardrail system.

A tip-up guardrail system 3'-6" high, with the hinged base located approximately six inches inboard from an eight inch high parapet, placing the window cleaner approximately five feet inboard from the roof edge when raising the guardrail sections, appear to comply with the intent of 29 CFR 1910.23(c). However, the anchoring of posts and framing of members for railing of all types must be of such construction that the completed structure will be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the top rail.

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

Sincerely,



Patrick R. Tyson
Director,
Federal Compliance and State Programs