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 7, 1987

Mr. Michael Mazzucca
Vice President
Regional Scaffolding Roisting, Company, Inc.
3900 Webster Avenue
Bronx, New York 10470

Dear Mr. Mazzucca:

This is in response to your letter of January 9, requesting a permanent variance and interim order from 29 CFR 1926.552(b)(1)(ii). Mr. James J. Concannon, Director, Office of Variance Determination forwarded your letter to this office for clarification.

29 CFR 1926.552(b)(1)(ii) provides that no person shall be allowed to ride on material hoists except for the purposes of inspection and maintenance. Employees engaged in erecting, jumping and dismantling a material hoist are not performing duties consistent with 29 CFR 1926.552(b)(1)(ii). However, in lieu of climbing a material hoist, employees engaged in erection, jumping, or dismantling operations may ride a material hoist to gain access or egress to their work during the erection, jumping and dismantling of the material hoist, when other means of access are not available, such as stairways and elevators in the building or structure to which the hoist is connected.

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

Sincerely,



Leo Carey, Director
Directorate of Field Operations