Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 30, 1975

Mr. L. M. Stribling
Safety Engineer
Heldenfels Brothers Contractors
P.O. Box 4957
Corpus Christi, Texas 78408

Dear Mr. Stribling:

Secretary of Labor John T. Dunlop has asked me to respond to your letter dated April 14, 1975, requesting a permanent variance from Sections 1926.550(a)(14)(i) and 1910.180(i)(5)(i) Crane and Derricks - Fire Extinguisher Requirements, of the Occupational Safety and Health Regulations for Construction and General Industry.

It appears that you are maintaining a fire extinguisher in the cab of your cranes at all times including those periods (nonworking hours) when the job is not in operation, and a fire hazard to your employees does not exist.

The standards cited above require that a fire extinguisher be located at all operator stations or cabs of the equipment during crane operations. The intent of these standards is to protect your employees from the usual fire hazards associated with crane operations. You are not required to maintain a fire extinguisher in the cab or vicinity of the crane during nonworking hours.

Based on this clarification it would appear that a variance in your situation is unnecessary.

No further action will be taken on your variance application.

Sincerely,

Barry J. White
Associate Assistant Secretary for
Regional Programs