OSHA Instruction October 30, 1978 STD 1-1.3

OSHA PROGRAM DIRECTIVE #100-57

TO: REGIONAL ADMINISTRATORS - OSHA

Subject: 29 CFR 1910.27(d)(5) - Fixed Ladders, Special Requirements, Ladder Safety Devices; or, 29 CFR 1926.450(a)(5) Ladders, General Requirements, which adopts ANSI A14.3-1956, Safety Code for Fixed Ladders, Section 6.5, Ladder Safety Devices

1. Purpose

The purpose of the directive is to give guidelines on citing 29 CFR 1910.27(d)(5) or 29 CFR 1926.450(a)(5) Ladders, General Requirements, which adopts ANSI A14.3-1956, Safety Code for Fixed Ladders, Section 6.5 Ladder Safety Devices.

2. Directives Affected

None.

3. Background

A recent Review Commission Judge's decision vacating the Secretary's citation for violation of 29 CFR 1910.27(d)(5) raised questions about OSHA's interpretation of the standard.

1910.27(d)(5) and ANSI A14.3-1956, Section 6.5 provides:

Ladder safety devices. Ladder safety devices may be used on tower, water tank and chimney ladders over 20 feet in unbroken length in lieu of cage protection. No landing platform is required in these cases. All ladder safety devices such as those that incorporate lifebelts, friction brakes, and sliding attachments shall meet the design requirements of the ladders which they serve.

4. Action

a. OSHA's past position to cite employers for violation of 29 CFR 1910.27(d)(5) or 29 CFR 1926.450(a)(5) whenever an employer was utilizing a counterweight device without a friction brake is hereby rescinded. 1910.27(d)(5) or 1926.450(a)(5) does not require an employer to utilize

OSHA Instruction October 30, 1978 STD 1-1.3

any ladder safety device and therefore employers should not be cited under this standard for failure to have such devices or for failure to have a device which satisfies the definition of ladder safety device as set forth at 29 CFR 1910.21(e)(13), or ANSI A14.3-1956, Section 2.13. Employers shall, however, be cited under 1910.27(d)(5) or 1926.450(a)(5) where they are utilizing a ladder safety device which does not meet the design requirements of the ladders which they serve.

b. Under conditions where the ladder safety device does not meet the requirements for a ladder safety device as defined by 29 CFR 1910.21(e)(13) or ANSI A14.3-1956, Section 2.13 or where no ladder safety device is provided, appropriate standards in 29 CFR 1910.27(d)(1), Cages or Wells, and (d)(2) Landing platforms, or 29 CFR 1926.450(a)(5) shall be cited.

5. Effective Date

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

Richard P. Wilson Acting 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: ORCS)