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.

November 29, 2002

Teyen Hu, P.E.
Office Engineer
U.S. Army Corps of Engineers
SPL-CO-SR

Dear Teyen Hu:

Thank you for your letter of November 5, 2002, in which you ask about 29 CFR 1926.800(r)(13)(ii) of OSHA's tunneling standard. You state that in the version of the standard you were reading, the text of this provision reads as follows: "When the grade exceeds on percent and . . ." [emphasis added]. You ask if the word "on" is supposed to be "one." The answer is yes, it is supposed to be "one." This typographical error appears on the Internet in OSHA's website, but the correct wording is used in the printed version of the standard in volume 29 of the Code of Federal Regulations.

We appreciate your taking the time to point this out; we will correct the wording in our website.

Sincerely,



Russell B. Swanson, Director
Directorate of Construction