Web Officers
menon.gopal@dol.gov
herrera.jose.h@dol.gov

Requirements for load-testing and marking of special custom-design rigging accessories; applicability of ASME 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.

February 9, 2004

Jeff Moser
Director of Corporate Safety, Training & Education
PFK-MARK III, Inc.
170 Pheasant Run
Newtown, PA 18940

Re: §1926.251 - whether special test weights must be used for load tests; applicability of ASME inspection standards; whether manufactured (i.e., non-custom) lifting devices must be marked.

Dear Mr. Moser:

Identification, inspection, and marking of cranes when manufacturer-supplied identifications are unavailable.

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.

February 23, 2004

Mr. Donald W Shelafo
International Union of Operating Engineers
P.O. BOX 40008
990 Kalamath Street
Denver, Colorado 80204-0008

Re: If the manufacturer's identification number tag is missing on a lattice boom section and that tag cannot be replaced, nor can the boom section's identity be confirmed, will the identification, inspection, and marking of the boom section by an independent inspector meet the requirements of §1926.550?

Dear Mr. Shelafo:

Alternatives to common back-up alarms on construction motor vehicles; use of other effective technology or observers/signal persons.

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 27, 2004

[Name and address withheld]

Re: §§1926.601(b)(4) and 1926.602(a)(9)

Dear [Name withheld]:

Thank you for your letter of April 30, 2004, regarding noise emanating from excavating equipment and the Occupational Safety and Health Administration (OSHA) requirements for back-up alarms on construction equipment. We apologize for the delay in responding.

We have paraphrased your question as follows:

Life jacket/buoyant work vest requirements for employees working over water <2 feet deep; requirements for lifesaving skiffs.

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 23, 2004

Lynn Raper
Safety Director
Cape Romain Contractors, Inc.
660 Cape Romain Road
Wando, South Carolina 29492

Re: §1926.106(a) and 1926.106(d)

Dear Ms. Raper:

This is in response to your fax of July 1, 2004. We have paraphrased your questions below:

Question (1): Under §1926.106(a) would a life jacket or buoyant work vest be required where employees are working over water that is less than 2 feet deep where they could easily stand up?

Answer:

Fall protection requirements for employees working from a slide-out extension of a scissor lift platform.

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 14, 2004

Mr. Dennis Vance
Dennis Vance, LLC
711 Low Gap Road
Princeton, WV 24740

Re: Is a fall arrest system required when work is done on a slide-out deck of a scissor lift?

Dear Mr. Vance:

This is in response to your e-mail dated April 25, 2004, to the Occupational Safety and Health Administration (OSHA).

We have paraphrased your question as follows:

Requirements for compressive-strength testing of concrete and mortar in a masonry wall during steel erection.

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 23, 2004

Dennis Vance
Dennis Vance Safety, LLC
711 Low Gap Road
Princeton, WV 24740-2236

Re: Employer's obligations in the steel erection standard (29 CFR Part 1926 Subpart R) under §1926.752(a)(1) with respect to testing concrete and/or mortar in a masonry wall.

Dear Mr. Vance:

Use of manufacturer-applied insulation coating as an insulation barrier; use of equipment within the minimum approach distance with insulation barriers.

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 9, 2004

Mr. Mathew McFarland
Section Manager
Consolidated Edison Company of New York, Inc.
4 Irving Place
New York, NY 10003

Dear Mr. McFarland:

This is in response to your June 11, 2004, letter to the Occupational Safety and Health Administration in which you ask for an interpretation of §1926.550(a)(15).

We have paraphrased your questions as follows:

Requirements for storage and handling of gasoline on a construction site.

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.

January 29, 2004

Mr. Dennis Vance
Dennis Vance, LLC
711 Low Gap Road
Princeton, WV 24740

Re: 29 CFR 1926.152(a), (f), and (g); §1926.155(a) and (l); and STD 3-4.1A

Dear Mr. Vance:

Use of fall protection by deaf employees performing steel erection activities.

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.

 

Requirements in 1926 Subpart L "Scaffolds" regarding the use of plywood to make platform decking for scaffolds.

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 21, 2004

Mr. Randy Wheeler
F & H Insulation, Inc.
P.O. Box 550
5003 E. 61st Street N.
Kechi, KS 67067

Re: Whether plywood may be used to make platform decking for scaffolds under Part 1926 Subpart L (Scaffolds), and if so, whether the information in Table 7-3 of American Concrete Institute Committee SP-4 Formwork for Concrete (Fourth Edition) can be used as a guide in designing scaffold platforms? §1926.451(a)(1) and 1926.451(6), 1926.451(b), and 1926.451(f)