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.

Editorial Note: This September 4, 1996 letter replaces the February 13, 1992 letter to Mr. David Nicastro.

September 4, 1996

Mr. Dev Donnelly
Sky Rider Equipment Company
2851 East White Star, Unit B
Anaheim, CA 92806

Dear Mr. Donnelly:

This letter is in response to your May telephone conversation with Helen Rogers of my staff. You brought to our attention the confusing, and in part, erroneous letter dated February 13, 1992 written to Mr. David H. Nicastro by Patricia K. Clark concerning the Occupational Safety and Health Administration (OSHA) standards at 29 CFR 1910.28 (Subpart D) and 1910.66 (Subpart F).

Mr. Nicastro had requested clarification of which of these standards applies "to an installation which has permanent davit arms and davit bases, but does not have a powered platform; a rental stage is brought in for maintenance." Three possible interpretations were suggested as follows:

1. Because no powered platform is dedicated to the building, the entire installation is governed by Subpart D for temporary installations.

2. Because some equipment is permanent, the entire installation is governed by Subpart F for permanent installations.

3. The permanent equipment is governed by Subpart F, while the temporary equipment is governed by Subpart D.

This letter provides a revised response and clarifies the distinction between equipment and installations subject to 29 CFR 1910.28 standards and equipment and installations subject to 29 CFR 1910.66 standards.

Employer-furnished equipment that is brought on the site, such as work platforms, hoists, and suspension cables is subject to compliance with the standards established in 1910.28. Permanent equipment furnished by the building owner, such as tie downs and davits dedicated permanently to building maintenance, is subject to compliance with the standards established in 1910.66. Paragraph 1910.66(c)(3) requires that the building owner inform the employer in writing that the building installation has been inspected and is safe to use. In addition, paragraph 1910.66(c)(1) requires the building owner to inform the employer before use that affected parts of the building meet the requirements of paragraph 1910.66(e)(1).

Please note that reference to paragraph(c)(3) was unintentionally omitted from 1910.66(b)(2)(i) which should read ". . . . comply with paragraphs (c)(3), (g), (h), (i), (j) and Appendix C of this section."

The mandatory standards of Appendix D to 1910.66 are applicable only to power platform installations completed after August 27, 1971 and no later than July 23, 1990 as specified in 1910.66(b)(2)(ii). Please note that the lead-in paragraph to Appendix D should read ". . . . exempt from paragraphs (a), (b)(1), (b)(2)(i), (c)(1), (c)(2), (c)(4), (d), (e), and (f) of this standard."

Installations in which suspended scaffolds, whether powered or not, are used to service buildings on a temporary basis are covered by 1910.28. Also, suspended scaffolds used for construction work are covered by Subpart L of 29 CFR 1926.

Regarding the three possible interpretations stated above, only interpretation 3 is correct. With regard to your application, Mr. Donnelly, to window washing equipment, 1910.28 would apply to the window washing equipment that you bring on site, and 1910.66 would apply to the building's tie downs and davits that you would use to secure your equipment.

We appreciate your interest in Occupational Safety and Health. If you have further questions on this response please contact Helen Rogers in the Office of Safety Compliance Assistance at (202)-219-8031 extension 121.


John B. Miles, Jr., Director
Directorate of Compliance Programs