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.

October 9, 1992

Mr. Urey R. Miller
Chief Engineer
The M.S. Kellogg Company
601 Jefferson Avenue
Houston, Texas 77210-4557

Dear Mr. Miller:

Your September 23 letter to Acting Assistant Secretary Dorothy Strunk requesting clarification of the Occupational Safety and Health Administration (OSHA) rules for ladders, has been forwarded to this office for response.

Although not stated in the scope paragraph of Subpart X -- Stairways and Ladders, OSHA does not intend that rule to supersede the 29 CFR 1910 requirements for permanent features (such as fixed ladders and stairways) of a building during and subsequent to the construction of those features in the building. Consequently, you are correct in your interpretation that 1926.1053(a)(6)(i), which requires metal ladder rungs to be skid-resistant, is not applicable to permanently installed fixed metal ladders which meet the provisions of 1910.27, and construction workers may use such ladders during the construction process. Therefore, a rule change or stay is not necessary to address your concern although a directive on this matter may be issued in the near future.

Thank you for bringing your concern to our attention. If you have need of further assistance, please contact Mr. Roy Gurnham or Mr. Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 219-8136.


Roger A. Clark Director
Directorate of Compliance Programs