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 5, 1991

Mr. William P. Mitchell
Operations Manager
Diversified Parking, Inc.
First City National Bank
Building 300
East Main, Suite 1208
El Paso, Texas 79901

Dear Mr. Mitchell:

This is in response to your letter dated November 6, in which you request that we "grandfather" two manlifts.

As you stated in your letter, the standard states that "all new manlift installations and equipment installed after the effective date of the regulation shall meet the design requirements of the American National Safety Standard'...". Since the manlifts you ask about were installed in 1956 and 1964 and the effective date of the regulations is August 1971, you are not bound by the requirements of the standard. However, you are still required to provide a work environment and working conditions that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

No further action is needed or will be taken on your request for "grandfathering." Nevertheless, should you require further information or assistance, you may contact:

Edward J. Cosgrove, Area Director
US Department of Labor - OSHA
1205 Texas Avenue
Room 421
Lubbock, Texas 79401

I hope that the information provided will be of help to you.


Patricia K. Clark, Director
Directorate of Compliance Programs