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.

JAN 29 1991

MEMORANDUM FOR:     MICHAEL G. CONNORS
                   Regional Administrator

THROUGH:            LEO CAREY, Director
                   Office of Field Programs

FROM:               PAT CLARK, Director
                   Directorate of Compliance Programs

SUBJECT:            Applicability of 1926.800

This is in response to your memo on the above subject, concerning working on rehabilitation of a sewer tunnel that had been constructed in the years between 1926 to 1932.

During this type of underground work an employer would create conditions and hazards associated with underground construction that would be addressed and controlled by the applicable 1926.800 Underground Construction Standards. Therefore, the 1926.800 standards would apply.

If you have any other questions please feel free to contact Frank C. Memmott, Safety Engineer, of my staff on 523-8124.

CMCA:Memmott:bab:01-23-91/01-25-91 [D:\DOC\WP\1926.800] cc:Reidy/Bode/Memmott/Chron/OCIS

M/R: The original memo from Connors was apparently misplaced by the OFP. A duplicate memo was received at DCP on 1/2/91.