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.

July 15, 1997

Mr. Larry M. Kreh
PPG Industries, Inc.
P.O. Box 2009
Allison Park, PA 15101

Dear Mr. Kreh:

This is in response to your May 28 letter requesting an interpretation of the 29 CFR 1910.67 Vehicle-mounted elevating and rotating work platforms standard. Please accept our apology for the delay in responding. Your question and our reply follow.

Scenario:

Paragraph 1910.67(c)(2)(v) requires "a body belt shall be worn and a lanyard attached to the boom or basket when working from an aerial lift" and specifically applies to extensible and articulating boom platforms.

Question:

Is the use of a body belt (or full body harness) required while working from a "scissors" type lift?

Reply:

Scissors type lifts are not covered by [29 CFR] 1910.67 or any other 29 CFR 1910 General Industry standard. Nevertheless, an employer of an employee who uses scissors type lifts in the workplace is subject to Section 5(a)(1) of the Occupational Safety and Health (OSH) Act. Under this section of the Act, each employer must furnish to each of his or her employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his or her employees. When there is no specific OSHA standard which covers a particular workplace application, an employer may meet the applicable requirements of a recognized national consensus standard, that is, American National Standards Institute/Scaffold Industry Association, Inc. standard ANSI/SIA A92.3-1990 for manually propelled Elevating Aerial Platforms or ANSI A92.6-1990 of Self-Propelled Elevating Work Platforms to fulfill his or her responsibility under Section 5(a)(1). Under these ANSI/SIA standards, an elevating platform must include a guardrail system.

We appreciate your interest in occupational safety and health. If we can be of further assistance, please contact the Office of Safety Compliance Assistance, Mr. Ronald J. Davies, telephone (202) 219-8031, extension 110.

Sincerely

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