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.


August 2, 2007

Mr. William Allen
BR Supervisor
New York State Thruway Authority
200 Southern Boulevard
Albany, New York 12209

Re: Fall protection for a fixed platform mounted vehicle and an aerial lift

Dear Mr. Allen:

This is in response to your correspondence submitted November 3, 2006, to the Occupational Safety and Health Administration (OSHA). You asked about construction provisions pertaining to fall protection for a fixed platform mounted vehicle and an aerial lift. I apologize for the delay in our response.

The New York State Department of Labor's Public Employee Safety and Health (PESH) Program oversees the workplace protection of public employees at the State and local level in the State of New York.1 You are asking about requirements regarding the protection of employees of the New York State Thruway Authority. Our understanding is that your questions are in the purview of the New York State PESH Program. The contact information for the New York State PESH Program is:


Norman Labbe, Program Manager
New York Public Employee Safety and Health Program
State Office Campus Building 12, Room 158
Albany, New York 12240
Phone (518) 457-1263
Fax (518) 457-5545



If you need 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.


Steven F. Witt, Director
Directorate of Construction





1 States such as New York that administer their own OSHA-approved State plan are required by law to have a program of standards and enforcement that is at least as effective as the Federal OSHA requirements. However, those States may enact more stringent requirements. An employer in such a State is required to follow the State's more stringent requirements. [ back to text ]