Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

June 9, 1993

Mr. Richard C. Carroll
Assistant Attorney General
Kentucky Office of the Attorney General
Frankfort, Kentucky 40601

Dear Mr. Carroll:

This is in response to your letter of May 24, addressed to Raymond E. Donnelly, Director, Office of General Industry Compliance Assistance. You requested an interpretation on whether the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.147, The Control of Hazardous Energy (Lockout/Tagout) is applicable to television transmission towers. We apologize for the delay in providing you with a written response.

Paragraph (a)(3) of the Telecommunications Standard, 29 CFR 1910.268, reads "Operations or conditions not specifically covered by this section are subject to all the applicable standards contained in this Part 1910. (See 1910.5(c))." This means that the Nonionizing Radiation standard at 1910.97 applies to television transmission towers.

29 CFR 1910.147 applies to the control of hazardous energy in various maintenance and servicing operations to provide proven effective protection for employees. This standard may be applicable to the situation described in your letter depending on the levels of exposure to nonionizing radiation and other related circumstances.

As you know, the State of Kentucky administers its own occupational safety and health program under a plan approved and closely monitored by Federal OSHA. As such the Kentucky Department of Labor is responsible for enforcing occupational safety and health standards in the State. As a condition of plan approval, States are required to adopt and enforce standards that are either identical to or "at least as effective" as the comparable Federal standards, as well as interpret its standards in a manner consistent with Federal interpretation.

Kentucky has adopted these standards identical to the Federal standards and its interpretations should also be consistent with OSHA's interpretations. If you wish to obtain additional information, you should contact the Kentucky occupational safety and health program directly at the address below:

Ms. Carol Palmore
Kentucky Labor Cabinet
1049 U.S. Highway, 127 South
Frankfort, Kentucky 40601
Telephone: (502) 564-3070

We appreciate your concerns regarding occupational safety and health in the workplace.


Zoltan Bagdy, Acting Director
Federal-State Operations