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 20, 1993
Mr. Samuel Singer
President & CEO
Quintech Electronics and Communications, Inc.
650 South Thirteenth Street
Indiana, Pennsylvania 15701
Dear Mr. Singer:
This is in response to your March 18 letter requesting review and comments on the "ROBOSTOP TCD 2000" Traffic Control Device. I apologize for the delay in responding to your inquiry.
The Occupational Safety and Health Administration (OSHA) does not approve nor endorse products. The variable working conditions at jobsites and possible alterations, misuse, or misapplication of an otherwise safe product could easily create a hazardous condition beyond the control of the manufacturer. However, we have reviewed the product information enclosed with your letter and it appears that if the "ROBOSTOP TCD 2000" Traffic Control Device is used correctly, the hazards associated with the movement of traffic through construction and maintenance zones could be reduced.
With regard to your request that OSHA forward to the Federal Highway Administration (FHWA), on your behalf, a specific request for experimental approval of the ROBOSTOP Traffic Control Device, please be advised that we have contacted the FHWA on this matter. The FHWA informed us that they are working with you concerning your application and that a request by OSHA on your behalf would not be appropriate.
If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.
Roy F. Gurnham, Esq., P.E.
Office of Construction and Maritime
March 18, 1993
Occupational Safety and Health
200 Constitution Ave. N.W.
Washington, D.C. 20210
Quintech Electronics and Communications (QEC) Inc. is a new entrant into the traffic control device industry. QEC introduced its first traffic/safety product, the ROBOSTOP TCD 2000 Traffic Control Device at the ATSSA Trade Show held in Ft. Lauderdale in January. The product was very well received by both industry and government delegates to the convention. QEC is currently pursuing DOT approval for each state and FHWA federal approval of the product. Although the need for and utility of the product are self evident, the approval procedures are difficult, and are delaying product introduction.
As you know, nearly 800 individuals lose their lives at highway construction sites in the United States each year. A significant number of these are "flaggers", the individuals who hold and rotate the STOP/SLOW signs at construction sites. QEC has developed the ROBOSTOP TCD 2000 Traffic Control Device to allow the flagger to rotate the sign by remote control from a safe distance, thereby reducing loss of life and property and casualty damage at the worksite.
We ask that you review the product information enclosed. We would very much appreciate any comments which your staff can make based on the extensive experience which you have in the area of Worker Health and Safety. In support of our improved approach, we request that the Occupational Safety and Health Administration (OSHA) forward to the Federal Highway Administration (FHWA), on our behalf, a specific request for "experimental approval" of the ROBOSTOP Traffic Control Safety Device.
We thank you for you consideration of our request and look forward to hearing form you at your earliest convenience.
QUINTECH ELECTRONICS AND COMMUNICATIONS INC.
President & CEO