- Standard Number:1910.23(a)(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.
May 24, 1990
Mr. C. Gregory Reynolds
Vice President of Operations
Bay Nets, Incorporated 135 Wood Road
Braintree, Massachusetts 02184
Dear Mr. Reynolds:
This is in response to your letters of February 22, March 16, and May 14, concerning your Bay Nets Safety System. Please accept my apology for the delay in response.
The current OSHA standard requires guardrails or a cover to protect employees from accidental falls into automobile servicing pits. Your system would not meet these requirements. However, a new OSHA standard was proposed on April 10, entitled "Walking and Working Surfaces and Personal Protective Equipment," which includes safety net systems as a method of protecting employees from accidental falls into automobile servicing pits. The proposed safety net systems method of protection has definite requirements highlighted in the enclosed copy by which you can determine whether your system will meet the proposed standards.
The new "Walking and Working Surfaces and Personal Protective Equipment" standard is only in the proposal stage and may be challenged by sending comments and/or a request for a hearing. This is also highlighted in the enclosed standard. OSHA is accepting the abatement methods specified in the proposed standards. If OSHA observes an automobile servicing pit protected only by abatement methods mentioned in the proposed standard, this would be considered a de minimis violation with no citation issued and no penalty assessed. De minimis violations are explained by the enclosure from our [Field Operations Manual].
If we may be of further assistance, please contact us. Thank you for your interest in safety and health.
Sincerely,
Patricia K. Clark, Director Designate
[Directorate of Enforcement Programs]
[Corrected 01/19/2009]
Note: On April 10, 1990 OSHA published proposed revisions to Walking and Working Surfaces; Personal Protective Equipment (Fall Protection Systems); Notices of Proposed Rulemaking; Slips; Falls;Trips in Federal Register 55:13360-13441. It is available electronically only as an abstract. On May 2, 2003 OSHA reopened the rulemaking record on the proposed revisions to Walking and Working Surfaces and Personal Protective Equipment (Fall Protection Systems). It was re-published in its entirety in Federal Register 68:23527-23568 and is available electronically.