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.
March 1, 1995
Mr. William Shuzman
Allied Building Metal Industries, Inc.
211 East 43rd Street
New York, N.Y. 10017
Dear Mr. Shuzman:
Thank you for your letter of January 12 in which you request clarification of the Occupational Safety and Health Administration (OSHA) policy on steel erection fall protection requirements. I apologize for the delay of this response.
As you may know, Subpart M -- Safety Standards for Fall Protection in the Construction Industry has been stayed administratively as to its application to steel erection activities on non-building structures. To further define the scope of the stay action, we are in the process of developing a memorandum to clarify various terms such as "building," "non-building structure," "steel erection activities" and "tiered." As soon as that effort is completed, we will forward a copy to you.
In the meantime, if you have additional questions, please do not hesitate to contact Mr. Roy F. Gurnham or Mr. Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 219-8136.
James W. Stanley,
Deputy Assistant Secretary