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 9, 1981

MEMORANDUM FOR:   REGIONAL ADMINISTRATORS

THRU:             JOHN B. MILES, JR.
                 FIELD COORDINATOR

FROM:             BRUCE HILLENBRAND
                 DEPUTY DIRECTOR,
                 FEDERAL COMPLIANCE AND STATE PROGRAMS

SUBJECT:          Clarification of Overhand Bricklaying Memo

REFERENCE:        Memorandum to Regional Administrators,
                 Subject:  Overhand Bricklaying - Applicability 
                 of Certain Standards, dated January 15, 1981.

It has been brought to our attention that the referenced memo could be misconstrued to exempt masons and mason tenders from all personal protective equipment requirements of 29 CFR 1926.28.

It is the intent of the above memo to only exempt those employed in the laying of brick by the overhand method from the fall protection requirements. Therefore, all other personal protective equipment requirements in 1926.28 remain in effect.