- Standard Number:1910.27(d)(5)
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 18, 1976
Mr. Donald R. Devine,
General Manager
Air Space Devices, Norton Company
Safety Products Division,
P.O. Box 197
Paramount, California 90723
Dear Mr. Devine:
This is in response to your letter of January 14, 1976, addressed to Mr. Alfred Barden, Regional Administrator - OSHA, New York, regarding ladder safety devices on fixed ladders. In addition, it confirms a telephone conversation with a member of my staff.
29 CFR 1910.27(d) specifies that on fixed ladders "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." This standard clearly delineates three instances when ladder safety devices may be used.
The information you received from the OSHA National Office that a ladder safety device may be used in lieu of a cage for any vertical fixed ladder in excess of 20 feet without the need for offsetting platform is not entirely correct. The employer requiring the use of ladder safety devices in lieu of cage protection and landing platforms on structures other than towers, water tanks, and chimneys may be issued a de minimis notice in lieu of a citation.
The policy of issuing a De Minimis Notice in lieu of a citation is based on OSHA Program Directive #200-36, Subject: De Minimis Notice (copy enclosed) and a prior proposed OSHA standard that allowed ladder safety devices to be used on ALL fixed ladders in lieu of cage protection.
The prior proposed OSHA standard (Subpart D of Part 1910) received so many proposed changes that a decision was made to take no further action on this proposal and develop a new proposal. Highest priority has been given to a revision of Subpart D-Waling-Working Surfaces. Members of my staff are actively working with the National Advisory Committee on Occupational Safety and Health (NACOSH) on this revision. In the near future the Secretary will publish in the Federal Register the first phase of proposed changes to this Subpart.
As to circulating the brochure you enclosed, it would be against OSHA policy which does not permit endorsing any product. Producers of products which MEET OSHA standards may state so on their own authority.
If I may be of any further assistance, please feel free to contact me.
Sincerely,
Barry J. White
Associate Assistant Secretary
for Regional Programs