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 https://www.osha.gov.

December 30, 1983

Mr. Carl E. Anderson
Alum-A-Pole Corporation
2581 Richmond Terrace
Industrial Buildings 9A & 9B
P.O. Box 66
Staten Island, New York 10303-9066

Dear Mr. Anderson:

This is in response to your letter of December 8, 1983, requesting a 50-foot shoulder working height for your aluminum pole pump Jack Scaffold.

We have reviewed the test report, photographs, and promotional brochure you sent to this office. It is our opinion that, if the Aluminum Pole Pump Jack Scaffold is used in accordance with the intent of the applicable OSHA Standard 29 CFR 1910.28(a) and 29 CFR 1926.451(y) but at a 50 foot shoulder working height, an employer will be in compliance with the Occupational Safety and Health Act. However, this determination should be considered a good faith review of materials submitted, and does not constitute approval or endorsement of this product by OSHA.

The variable working conditions at jobsites and possible alteration or misapplication of an otherwise safe piece of equipment could easily create a hazardous condition beyond the control of the equipment manufacturer. For those reasons, it is the policy of OSHA not to approve or endorse products.

If we can be of further assistance, please let us know.


John B. Miles, Jr., Director
Directorate of Field Operations