OSHA Instruction STD 1-3.1 October 30, 1978

OSHA PROGRAM DIRECTIVE #100-74

TO: REGIONAL ADMINISTRATORS/OSHA

THRU: DONALD E. MACKENZIE Field Coordinator

Subject: Citation for 5(a)(1) Violation When 29 CFR 1910.68 Is Inapplicable

1. Purpose

The purpose of this directive is to insure judicious enforcement and clarify the confusion concerning using 5(a)(1) where 29 CFR 1910.68 is inapplicable because the manlift in question was installed prior to August 27, 1971.

2. Documentation Affected

This directive supersedes Field Information Memorandum #74-76 dated September 30, 1974.

3. Background

It has been determined that a citation for 5(a)(1) is appropriate where the condition is a recognized imminent danger or serious hazard.

4. Action

a. Citations would be issued where the hazardous condition is easily identifiable. If the manlift is merely an inch narrower than the width specified in the standard, a citation for 5(a)(1) should not be issued. On the other hand, if 14 out of 20 steps on which the employees are to stand are missing, a citation for 5(a)(1) should be issued because the danger to employees is obvious.

b. The CSHO shall consult with the appropriate Regional Solicitor where there is any doubt regarding the issuance of a 5(a)(1) citation for manlift hazards. This is important because the ANSI standard, which usually can be used to demonstrate that the hazard is a recognized one, is also grandfathered.

OSHA Instruction STD 1-3.1 October 30, 1978

5. Effective Date

This directive is effective immediately and will remain in effect until canceled or superseded.

Richard P. Wilson Deputy Director, Federal Compliance and State Programs

DISTRIBUTION: A-1 E-1 B-2 HEW-1 C-1 NIOSH Regional Directors-1 D-4&5 NACOSH-1 Training Institute-4

(Originator: OCCS)