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 25, 1995

Mr. Ed Roszkowski, Director
Technical Services
Construction Industry Manufacturers Association
111 E. Wisconsin Avenue, Suite 940
Milwaukee, WI 53202-4879

Dear Mr. Roszkowski:

This is in further response to your letter of April 3, addressed to Assistant Secretary Joseph A. Dear, concerning the Occupational Safety and Health Administration (OSHA) enforcement of Safety and Health requirements which apply to bungee jumping from cranes and your request that OSHA halt the use of cranes for this purpose. Please accept our apology for the delay in this response.

OSHA's enforcement policy has not changed since our letter to your Association in June 1994. OSHA compliance officers will continue to investigate bungee jumping worksites, as resources permit, in response to formal employee complaints. When OSHA inspectors observe serious recognized hazards at such workplaces, citations will be issued with appropriate proposed penalties.

The agency does not regulate the public safety aspects of these operations; i.e., the safety of spectators and non-employee jumpers is a matter left to State, local or other Federal authorities such as the Federal Aviation Administration.

At this time, OSHA has decided not go forward with a specific directive on bungee jumping for the following reasons:

 

 

  1. Many states now have either banned bungee jumping or are regulating bungee jumping through their amusement licensing activities, using as a guide the "New Zealand Standard for the Operation of Bungee Jumping Sites."
     
  2. Because bungee jumping is primarily a transient amusement activity, typically with fewer than 10 employees, OSHA is, as a practical matter, limited to non-programmed enforcement actions.

Should you have further questions on this correspondence on this subject, please contact [the Office of General Industry Enforcement at (202) 693-1850].

Sincerely,


John B. Miles, Director
[Directorate of Enforcement Programs]

[Corrected 10/22/2004]