June 24, 1981
MEMORANDUM FOR: CURTIS A. FOSTER
THRU: JOHN B. MILES
FROM: BRUCE HILLENBRAND
FEDERAL COMPLIANCE AND STATE PROGRAMS
SUBJECT: 29 CFR 1926.500(g)(1): Guarding
REFERENCE: Your memorandum, dated May 18, 1981, same subject.
It is the intent of 29 CFR 1926.500, roofing standard effective on January
13, 1981, to regulate only the guarding of low-pitched-roof perimeters during
the performance of built-up roofing work. 29 CFR 1926.104, 1926.105, 29 CFR
1924.451(u)(3) and 29 CFR 1926.28 are to be enforced for other types of
roofing work, such as to be found between points A and B on your sketches.
The eave is at point B as indicated on your two sketches and 29 CFR
1926.500(g) does not apply to anyone installing the built-up roof in the
situations depicted in your sketched since the eaves are less than 16 feet
above the ground. Additionally, no citation could issue for violation of
other fall protection standards (e.g. 1926.28(a)) with regard to employees
performing built-up roofing work in your sketches because of the
preemptive effect of 1926.500(g). The Directorate of Safety Standards
Programs plans to revise the standard with a modification of the roofing
paragraphs to address fall distance instead of eave distance as soon as time
and priorities permit.