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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 22, 1995
Mr. Dan De Cristo Dan
De Cristo Concrete Associates
4 Marconi Irvine,
Dear Mr. De Cristo:
This is in response to your November 7, 1994 letter requesting the Occupational Safety Health Administration (OSHA) to review your Suprotek PC100 protective rebar cover. I apologize for the delay of this response.
As you know, OSHA does not approve nor endorse products. The variable working conditions at jobsites and possible alterations 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 data accompanying your letter and it appears that if the rebar cover is used as described in your letter, then use of this product would meet the requirements of 29 CFR 1926.701(b).
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, P.E., J.D. Director
Office of Construction of Maritime Compliance Assistance
November 7, 1994
Director of the Offic
of Construction and Maritime Compliance OSHA
200 Constitution Ave
Washington D.C. 20210
I was speaking with Tony Brown today and he suggested that I write to you. Our company is the manufacturer of the new Suprotek PC100 protective rebar cover. It has been approved by CAL OSHA (please see enclosed copy of the certificate).
Tony has examined our product and says that he has given you a sample for your proposal. Basically the Suprotek PC100 will keep a 250 pound person who falls from 7 1/2 feet or less from becoming impaled on the rebar. In the last few years some people have fallen on rebar in California that was covered with the mushroom rebar cover and were impaled and died so. CAL OSHA required that a protective cover be developed that would protect against such impalment.
CAL OSHA has made this type of cover mandatory in California. They believe that it will save lives. For this reason we would like to get the product exposed throughout the country.
Tony recommended that we ask you to review the intent of the standards for impalment to see if our product qualifies under the code 1926.701B for impalment. We would to get a written judgement from you if that would be possible.
We have enclosed CAL OSHAs criteria for your perusal. If you have any questions or if you would like more information please give me a call. Also if you would like more samples of our Suprotek PC100 we would be happy to send them to you. Thank you.
Don De Cristo