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Exemptions for installation of guardrails on wall (interior) side.

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.

December 11, 2001

Mr. W. E. Stader
Safety Consulting Services, Inc.
25 Franklin Road
Roanoke, Virginia 24011

Re: Scaffold guardrails on wall (interior) side

Dear Mr. Stader:

Determining the controlling employer with the role of providing general supervisory authority when using multi-employer two-step analysis citation policy.

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.

December 13, 2001

Ms. Rebecca Cartwright
Safety Resources Company of Ohio Inc.
4253 Portage Avenue
North Canton, Ohio 44720

Re: CPL 2-0.124--Multi-Employer Citation Policy

Dear Ms. Cartwright,

This is in response to your October 1, 2001 letter to the Occupational Safety and Health Administration (OSHA). You ask for guidance in several worksite scenarios with regard to the application of CPL 2-0.124, OSHA'S Multi-Employer Citation Policy, to a Construction Manager ("CM").

Standards applicable to aerial lifts; acceptable uses of body belts as restraint systems and positioning devices.

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.

May 11, 2001

Mr. Jessie L. Simmons
155 Coolwood Drive
Valpariiso, IN 46385

Re: §§1926.453(a) and (b)(2), 1926.500(b), 1926.502(d) and (e); aerial lifts; fall arrest systems; positioning devices

Dear Mr. Simmons:

This is in response to your letter dated October 19, 2000 addressed to the Occupational Safety and Health Administration requesting interpretations of standards applicable to aerial lifts. We apologize for the delay in providing a response. We have paraphrased your questions below.

Safety vest requirements to protect flaggers from traffic hazards during construction work.

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.

March 11, 2002

Mr. Stanley Moore
C-3, Competent Person for Deleading
  of Industrial Structures
339 South Fourth St., APT. 1A
Brooklyn, New York 11211

Re: Reflective safety vests; 1926.201

Dear Mr. Moore:

This is in response to your August 8, 2001 memorandum addressed to the Occupational Safety and Health Administration's (OSHA) Office of Construction Standards and Compliance Assistance. We apologize for the delay in responding to your request.

Respirator requirements for employees wearing facial hair for religious reasons.

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.

April 8, 2002

Kelsay D. Patterson, Esquire
The Law Office of Kelsay D. Patterson
3250 Mary Street, Suite 302
Coconut Grove, FL 33133

Dear Attorney Patterson:

Hard hat testing and certification requirements when the hard hat bill is worn to the rear.

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.

April 17, 2002

Ms. Linda Keene
Safety Coordinator
Pipe Systems Inc.
P.O. Box 420
Carthage, MO 64836

Re: §1926.100(a) and (b); hard hat protection

Dear Ms. Keene:

OSHA Guidance concerning use of clip on products for ladders to facilitate transport of the ladder or other objects.

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.

April 26, 2002

Ms. Ellen Letourneau
261 Maple Hill Avenue
P.O. Box 310732
Newington, CT 06111

This is in response to your November 13, 2001, letter to the Occupational Safety and Health Administration (OSHA). Your letter was delayed in reaching this office because mail addressed to the government is first sent to a facility that sanitizes it. We apologize for the delay in addressing your questions.

Mobile crews must have prompt access to nearby toilet facilities.

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.

June 7, 2002

Mr. Nicholas Mertz
9054 Hyland Creek Road
Bloomington, MN 55437

Re: §1926.51(c)(4); sanitation, mobile crews

Dear Mr. Mertz:

This is in response to your letter of October 1, 2001, to the Occupational Safety and Health Administration (OSHA) in which you ask for an interpretation of the construction sanitation standard, specifically the provision pertaining to mobile crews. We apologize for the long delay in providing this response.

Use of mobile scaffolds with casters in the unlocked position; moving the mobile scaffold without dismounting.

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.

June 24, 2002

Mr. J. Robert Harrell
Safety Management Services
44012 Santa Nella Place
San Diego, CA 92130-2291

Re: §1926.452(w)(2), 1926.452(w)(3), and 1926.452(w)(6)(iv); mobile scaffolds

Dear Mr. Harrell:

This is in response to your December 26, 2001, and April 8, 2002, letters addressed to the Occupational Safety and Health Administration (OSHA) and a subsequent phone conversation with a member of my staff, Mr. Steve Stock. We apologize for the delay in responding to your request.

Clarification concerning fall protection and vertical walled trenches with depth of 6 feet or greater and use of controlled access zones.

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.

June 24, 2002 [Revised 12/5/2012]

Ned McDougald
4170 W. Menlo
Fresno, CA 93722

Dear Mr. McDougald:

This is in response to your letter of April 22, 2002, requesting an interpretation of fall protection requirements when working around trenches. Specifically, you ask if fall protection is required around vertical walled trenches that have a depth 6 feet or greater; if there are any exceptions to fall protection around trenches implied or stated; and whether a controlled access zone be used in lieu of fall protection.