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 21, 1992

MEMORANDUM FOR:     HARVEY E. HARRIS, DIRECTOR
                   OFFICE OF TRAINING AND EDUCATION
                   BRUCE HILLENBRAND, DIRECTOR 
                   FEDERAL STATE OPERATIONS

FROM:               PATRICIA K. CLARK, DIRECTOR
                   DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            Construction Interpretation Issues

This is in response to your March 20 memorandum requesting the appropriate section to be cited when employees are working at heights greater than 25 feet and no fall protection is provided. I apologize for the delay in responding to your inquiry.

Recent court cases and court of appeals decisions have not changed OSHA's policy on the use of 1926.28(a). If a hazard is addressed by another standard, such as 1926.105 for a fall greater than 25 feet, the other standard should be cited. The December 21, 1987, memorandum establishing this policy is attached.

In regard to your November 20 memorandum, please be advised that it is nearing finalization and will be forwarded to you as soon as possible.

Attachment