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.
October 27, 1992
Mr. H. B. "Bud" Hayden, Jr.
2340 Fernbrook Lane
Minneapolis, Minnesota 55447-3493
Dear Mr. Hayden:
Thank you for your letter of August 24, requesting further communication between the Occupational Safety and Health Administration (OSHA) and the ANSI/SIA A92.6-1990 Committee for Self-Propelled Elevating Work Platform prior to the issuance of the OSHA final rule on Walking and Working Surfaces and Personal Protective Equipment (Fall Protection Systems).
In your letter you referred to our letter of July 28 to Mr. Tom Leigl of Mayville Engineering Company on fall protection for employees working on self-propelled and manually propelled scissor lifts. Our statement that consensus standards may be referenced by OSHA in enforcing safety in the workplace when serious hazards are encountered refers to enforcement of section 5(a)(1) (the general duty clause) of the OSH Act, which is used by OSHA to cite serious safety and health hazards in the absence of OSHA standards. Consensus standards, such as ANSI standards, may be referenced by OSHA in general duty clause violations to show recognized industry practice. OSHA does not directly enforce ANSI standards, except those specifically incorporated by reference in OSHA standards.
The other issues you raised pertain to the development of the final rule on Fall Protection Systems, and for that reason we are forwarding your letter to Mr. Thomas Shepich, Director of the Directorate of Safety Standard's Program for further consideration. The final rule is being developed by that office. Their telephone number is (202) 219-8061.
Roger A. Clark,
Directorate of Compliance Programs