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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.
November 8, 2005
John J. Brewington, Jr., CAFM
Brewington & Company
204 Grace Street
Mount Airy, NC 27030-2908
Re: The requirements for vehicle-mounted elevating and rotating aerial devices; effect of revised ANSI A92.2 standards.
Dear Mr. Brewington:
This is in response to your letter dated February 14, 2005 to the Occupational Safety and Health Administration (OSHA) regarding whether, under 29 CFR 1926.453(a)(1), vehicle-mounted elevating and rotating aerial devices must continue to meet the requirements of ANSI A92.2-1969, §4.1. Your questions regarding 29 CFR 1910.67(b)(1) will be answered by OSHA's Directorate of Enforcement Programs.
We have paraphrased your question as follows:
Question: With respect to vehicle-mounted elevating and rotating aerial devices, ANSI A92.2-1969 has been revised three times since 1969; in 1979, 1990, and 2001. The three revisions of ANSI A92.2-1969 substantially modified that standard's §4.1("Basic Principles").(1) Under 29 CFR 1926.453(a)(1), if the vehicle-mounted elevating and rotating aerial device meets the provisions in these updated versions, must it also meet the requirements of ANSI A92.2-1969, §4.1?
Answer: No. OSHA determined in the rulemaking for 29 CFR 1926 Subpart L that certain revised ANSI A92.2 standards provide employee protection equivalent to the parts of ANSI A92.2-1969 that are incorporated in Subpart L. Employers using these revised ANSI standards, including the modified §4.1, meet the requirements of §1926.453(a)(1).
Title 29 CFR 1926.453(a)(1) states:
(a) General requirements. (1) Unless otherwise provided in this section, aerial lifts acquired for use on or after January 22, 1973 shall be designed and constructed in conformance with the applicable requirements of the American National Standards for "Vehicle Mounted Elevating and Rotating Work Platforms," ANSI A92.2-1969, including appendix. Aerial lifts acquired before January 22, 1973 which do not meet the requirements of ANSI A92.2-1969, may not be used after January 1, 1976, unless they shall have been modified so as to conform with the applicable design and construction requirements of ANSI A92.2-1969¿
However, the Note to §1926.453 states:
Non-mandatory Appendix C to this subpart lists examples of national consensus standards that are considered to provide employee protection equivalent to that provided through the application of ANSI A92.2-1969, where appropriate¿
Non-Mandatory Appendix C, in relevant part, states:
(NON-MANDATORY) APPENDIX C TO SUBPART L OF PART 1926 -- LIST OF NATIONAL CONSENSUS STANDARDS
ANSI/SIA A92.2-1990 Vehicle-Mounted Elevating and Rotating Aerial Devices
Furthermore, the Preamble to Subpart L, §1926.453 states:
In addition, OSHA recognizes that the A92 Committee has updated A92.2.-1969 and has adopted other A92 standards which address technological advances and evolving safe industry practices regarding elevating and rotating work platforms. The Agency has determined that compliance with the pertinent A92 standards adopted by ANSI since 1969 will provide employee safety at least equivalent to that attained through compliance with ANSI A92.2-1969. Accordingly, OSHA is providing a list of post-1969 ANSI A92 standards which are presently available, and is placing this list in a new non-mandatory Appendix C to this standard. This non-mandatory appendix can be updated as necessary to include future revisions of the A92 standards or other relevant information.
As we stated in a letter to Mr. H.B. Bud Hayden on February 28, 2001:
Under OSHA's de minimis policy, where OSHA has adopted an earlier consensus standard, employers who are in compliance with the updated version will not be cited for the violation of the old version so long as the new one is at least equally protective.
Remember, though, that where an OSHA standard incorporates an earlier consensus standard, the only way the OSHA standard can be changed to adopt the new version is through rulemaking. For example, as stated above, the aerial lift standard references ANSI A92.2-1969. Even though ANSI A92.2 has been revised, the OSHA aerial lift standard continues to require only compliance with the 1969 standard.
Subpart L, which was published in 1996, contains a non-mandatory appendix that lists the A92-1990 and 1993 consensus standards that are considered to provide employee protection equivalent to ANSI A92.2-1969. Appendix C reflects the proliferation of equipment-specific ANSI standards since the adoption of the 1969 document. Employers complying with these later versions are considered to have provided protection equivalent to the 1969 requirements.
Therefore, pursuant to 29 CFR 1926.453(a)(1) and Appendix C, and as explained in our interpretation letter to Mr. Hayden, vehicle-mounted elevating and rotating aerial devices that meet the requirements of either ANSI A92.2-1979 or ANSI A92.2-1990, §4.1(2) need not also meet ANSI A92.2-1969, §4.1 because OSHA determined in the Subpart L rulemaking that these revised consensus standards provide protection equivalent to that of ANSI A92.2-1969, §4.1.
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.
Russell B. Swanson, Director
Directorate of Construction
4.1 Basic Principles. Sound engineering principles and reasonable assumptions consistent with all data available regarding use and environment shall be applied in the design of aerial devices, with due respect for the unit's being personnel-carrying equipment.
ANSI A92.2-1990 and 2001, §4.1 states:
4.1 Basic Principles. The design and manufacture of the aerial device shall comply with the principles outlined in this standard. [A92.2-1979 had "section" in place of "standard."] [ back to text ]
2 ANSI A92.2-2001, §4.1 is identical to ANSI A92.2-1990, #&167;4.1 and therefore, ANSI A92.2-2001, §4.1 also provides protection equivalent to that of ANSI A92.2-1969, §4.1. [ back to text ]