- Standard Number:1926.550(a)(9)
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.
June 3, 1983
Mr. Francis P. Dorcey
The Millgard Corporation
P.O. Box 2248
12822 Stark Road
Livonia, Michigan 48151
Dear Mr. Dorcey:
This is in response to your letter of May 11, 1983, requesting a clarification of 29 CFR 1926.550(a)(9) as it applies to drilling and pile driving operations.
29 CFR 1926.550(a)(9) does apply to drill and pile rigs, however, OSHA recognizes that it may be functionally impossible to barricade such equipment if it is constantly moving in the performance of the work operation. Whenever compliance with a standard is impossible, OSHA requires employers to take all available alternative precautions. Your safety program, including (1) Pointing out the swing radius danger by posting signs, (2) Instructing employees in the danger of swinging counterweights, (3)Instructing employees in the danger of rig pinch points, (4) Instructing the operators to swing only on signals from the foreman or the designated Signal Man, and (5) requiring employees not to move a rig until they know the area is clear would appear to implement adequate alternative precautionary measures.
This interpretation is based on Federal standards. However, you should be aware that Section 18 of the Occupational Safety and Health Act allows States to assume responsibility for enforcement of their own occupational safety and health programs. There are currently twenty-four such programs in operation. These states must enforce standards that are either identical or at least effective as the Federal standards. A list of the State's plan States is enclosed.
If I may be of further assistance, please feel free to contact me.
Sincerely,
Bruce Hillenbrand
Acting Director, Federal Compliance
and State Programs