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Requirement and design of fire-resistant barriers for oxygen and fuel-gas cylinders.

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 4, 2004

Mr. John D. Evans
Vice President Engineering
The Knapheide Manufacturing Company
1848 Westphalia Strasse
P.O. Box 7140
Quincy, Illinois 62305-7140

Dear Mr. Evans:

This is in response to your letter dated August 7, 2003, to the Occupational Safety and Health Administration (OSHA) concerning §1926.350(a)(10). You indicate that you propose to design a container with a fire-resistant barrier that will comply with the above standard.

The use of extension cord while working from scissor lift; requirement to secure or barricade a ladder.

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 27, 2004

Mr. B. Orr
Address Withheld

Re: Use of an extension cord while moving a scissor lift; requirement to secure or barricade a ladder; Part 1926 Subpart L (Scaffolds)

Dear Mr. Orr:

This is in response to your letter dated received April 22, 2004, to the Occupational Safety and Health Administration (OSHA). You ask about the requirements in 29 CFR Part 1926 regarding the use of an airless spray pump while working from a scissor lift.

We have paraphrased your question as follows:

Requirement to use seat belts during the operation of earthmoving equipment.

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 15, 2003

Mr. Joel Roth
Safety Director
17210 Robert St.
Southfield, MI 48075

Re: Earthmoving equipment, use of seat belts; §1926.602(a)(2)

Dear Mr. Roth:

Thank you for your memorandum dated October 9, 2003, regarding the Occupational Safety and Health Administration (OSHA) construction standard for earthmoving equipment, 29 CFR 1926.602. You suggest that §1926.602(a)(2)(i) be modified to indicate that seat belts should be used. We have paraphrased the issue you raise as follows.

Protection of employees from exposure to live electrical parts with plastic switch plates/receptacle cover and non-conductive screws.

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.

September 17, 2004

Mr. Richard Hope
Engineer, Maintenance Department
Klickitat Valley Health Services
Post Office Box 5
310 S. Roosevelt Street
Goldendale, WA 98620

Re: Protection of employees from exposure to live electrical parts under 29 CFR 1926.405(j)(1)(i).

Dear Mr. Hope:

This is in response to your May 10, 2004, fax to the Occupational Safety and Health Administration (OSHA) regarding protection of employees from exposure to live (electrical) parts.

Evaluation of a personal platform enclosure panel.

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 10, 2004

Dear Mr. Johnson:

This is in response to your e-mail inquiry of May 28, 2004. We have paraphrased your question as follows:

Question: Does our personnel platform design, which incorporates a panel that has 1" x ¼" slots, meet the OSHA personnel platform design requirements in §1926.1431(e)(6)?

Answer
The relevant provision, §1926.1431(e)(6), states:

Equipment reverse signal alarms must be audible above surrounding noise level.

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 27, 2004

Mr. Richard Holmes
Safety Department Manager
Aggregate Industries
1707 Cole Boulevard, Suite 100
Golden, Colorado 80401

Dear Mr. Holmes:

This is in response to your March 16, 2004, letter to the Occupational Safety and Health Administration's (OSHA) Englewood Area Office regarding the use of a reverse alarm, which is being manufactured in the United Kingdom, on construction sites. The alarm uses "white noise" instead of the more common single-tone alarm.

The meaning of standards can only be modified through the rulemaking process, not through a letter of interpretation.

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 2, 2004

John G. Thompson
2305 Grouper Drive
Marathon, FL 33050

Dear Mr. Thompson:

This is in response to your May 11, 2004 letters to Secretary of Labor Elaine Chao and Assistant Secretary John L. Henshaw of the Occupational Safety and Health Administration (OSHA). You requested that OSHA revisit its May 3, 2004 interpretation of 29 CFR 1926.1053(b)(7).

OSHA jurisdiction over oil and gas pipelines may be preempted by DOT standards.

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 28, 2004 [Reviewed May 31, 2018]

Ronald J. Gumbaz
Vice President
Delphi Petroleum, Inc.
12 Broad Street
Red Bank, New Jersey 07701

Re: Duty of utility companies or owners to respond under 29 CFR 1926.651(b)(2)

Dear Mr. Gumbaz:

This is in response to your March 16, 2004, fax to the Occupational Safety and Health Administration (OSHA) asking what duties and penalties are incurred by utility companies or owners under 29 CFR 1926.651(b)(2).

The construction fall protection standard specifies fall arrest system requirements, but no footwear requirements.

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 28, 2004

Mr. J. Ferriss Foster
P.O. Box 180460
J.A. Moss Construction Company
Richland, MS 39216

Re: Use of tennis shoes on steep roofs; §1926.501(b)(11); OSHAct Sec. 5(a)(1) [General Duty Clause]

Dear Mr. Foster:

This is in response to a December 2, 2003, letter to the Occupational Safety and Health Administration (OSHA). You ask about footwear worn while working on a roof. Your letter was forwarded to this office for handling on January 16, 2004. We apologize for the delay in responding.

Maximum allowable distance between supports for temporary electrical wiring.

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 13, 2004

Mr. Kent Davis
Arc Electric, Inc
500 Woodlake Dr. Suite 105
Chesapeake, VA 23320

Re: Maximum allowable distance between supports for temporary wiring; 1926.405.

Dear Mr. Davis:

This is in response to your letter dated March 10, 2004, to the Occupational Safety and Health Administration (OSHA), asking for clarification of OSHA's construction standards for temporarily secured non-metallic sheathed wiring.

We have paraphrased your questions as follows: