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 https://www.osha.gov.

September 25, 1995

Mr. Craig Brown
Safety Specialist
Structural Steel Fabricators
1739 Nursery Road
Linthicum Heights, Maryland 21090

Dear Mr. Brown:

This is in response to your letter of April 20, to the Occupational Safety and Health Administration (OSHA) in which you request that we review your new product, "The Safety Boot", to determine if it is in compliance with OSHA's regulations.

Although OSHA does not approve or endorse products, due to the variable working conditions at job-sites and possible alterations or misapplication of an otherwise safe product, we can offer an opinion as to whether products as manufactured afford compliance with OSHA regulations. With regard to "The Safety Boot," we reviewed the information you submitted. It appears that if used according to the manufacturer's recommendation, "The Safety Boot" is in compliance with our fall protection regulations.

We concur that two 2x4s should be used for the posts of wooden guard rail systems; however, OSHA will accept wooden guard rails with one 2x4 for the posts, constructed according to the criteria in non-mandatory appendix B of OSHA's fall protection standards (29 CFR 1926.500-503). OSHA staff do not generally issue citations when one 2x4 is used for a post because there is a lack of accident data under these circumstances, and industry practice has been to use one 2x4 for a post.

[If you need any additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax #202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.]


Roy F. Gurnham, P.E., J.D., Director
[Directorate of Construction]

[Corrected 8/24/2003]