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 25, 1983

The President
Railoc Company, Inc.
Industrial Products Division
709 W. Lockport Street
Plainfield, Illinois 60544

Dear Sir:

The Occupational Safety and Health Administration was notified recently that several manufacturing firms are currently building and selling a fixed ladder with cage, using a hinged rest platform and are advertising the product with the notation that it "complies with OSHA requirements." The information provided to us indicates that your company is one of those utilizing such marketing strategy.

The Occupational Safety and Health Administration (OSHA) standard on fixed ladders, 29 CFR 1910.27, does not allow the use of hinged platforms. One exception to the 29 CFR 1910.27 platform requirements is the use of ladders exclusively for emergency escape.

Manufacturers advertising that a ladder with hinged rest platform "complies with OSHA requirements" are apparently misinformed in this matter. Advertisements claiming such compliance with OSHA requirements may be in violation of statutes or regulations administered by the Federal Trade Commission.

I would appreciate hearing from you concerning appropriate action taken in this matter.

Sincerely,



Bruce Hillenbrand Acting Director,
Federal Compliance and State Programs