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.

May 16, 1988

MEMORANDUM FOR: GILBERT J. SAULTER
  REGIONAL ADMINISTER
 
THROUGH: LEO CAREY, DIRECTOR
  OFFICE OF FIELD PROGRAMS
 
FROM: THOMAS J. SHEPICH, DIRECTOR
  DIRECTORATE OF COMPLIANCE PROGRAMS
 
SUBJECT: Procedural Policy Regarding Elevated Work
  Platforms Suspended form Cranes or Derricks Used
  in General Industry Applications

This is in reply to your memorandum of March 14, 1988, concerning "Protection of Employees When Suspended form Elevated Work Platforms".

29 CFR 1910.28 is generally inapplicable to elevated platforms suspended form cranes or derricks because such platforms are not scaffolds within the scope of the OSHA standard nor of the source standard, ANSI A10.8-1969.

The FOM, Chapter IV, B.6. describes the policy for citing a 5(a)(1) violation. Chapter IV, A.2.a. (2) and (4) require that the hazard be recognized and that a feasible and useful method be available to correct the hazard, respectively. Under that policy, the ANSI standards may be used to-verify recognition of the hazard by the industry at large and to identify feasible and accepted methods for correction of the hazard. In addition, construction industry applications are addressed in OSHA Instruction STD 1-11.2B.

In general industry applications, fall protection must be provided during any employee hazardous exposure and must, as a minimum, comply with the guidance provided by OSHA Instruction STD 1-1.13, dated April 16, 1984. As will be noted in the ANSI standards, (ANSI B3O.5, Section 5-2.2.2(a)(11) and ANSI A10.28, Section 10, copy enclosed), Personal Protective Equipment (PPE) is required and the acceptable point of attachment for lanyards and lifelines is preferably above the hood or shackle.

OSHA has consistently applied the noted ANSI standards to general industry workplaces. An employee not afforded fall protection (PPE) while on an elevated platform which is suspended from a load hook is in violation of the Act. The industry consensus standards require such protection. Industry consensus standards describe the accepted industry practices and verify knowledge of recognized hazards.

Development of the supporting documentation to support a performance standard is generally as extensive as that required to support a general duty violation. In some areas of the country it has become impossible to enforce a need for fall protection under 1910.132. Therefore, it is recommended that violations be cited at 1910.132 and in the alternative at 5(a)(1).