March 4, 1993
MEMORANDUM FOR: BRUCE HILLENBRAND, DIRECTOR
DIRECTORATE OF FEDERAL-STATE OPERATIONS
ATTENTION: BARBARA BRYANT
FEDERAL STATE OPERATIONS
FROM: RAYMOND E. DONNELLY, DIRECTOR
OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE
SUBJECT: Transfer of Letter from Richard Carroll, Assistant
Attorney General, State of Kentucky Requesting
an interpretation of 29 CFR 1910.97.
This is response to your request that we provide an interpretation of the
related standards as we transfer the subject letter to you for response.
Application of 29 CFR 1910.97, .147(c)(1) and (c)(7)(i) to television
transmission towers in the Federal regulations is as follows:
a. Paragraph (a)(3) of the telecommunications standard (29 CFR 1910.268)
reads "Operations or conditions not specifically covered by this section are
subject to all the applicable standards contained in this part 1910. (See
1910.5(c))." This means that Nonionizing Radiation standard at 1910.97,
applies to television transmission towers.
b. 29 CFR 1910.147 applies to the control of hazardous energy in various
maintenance and servicing operations to provide proven effective protection
for employees. This standard may be applicable to the situation described by
Mr. Carroll, depending on the levels of exposure to nonionizing radiation and
other related circumstances.
If you have further questions, please let me know.