- Standard Number:1910.22(b)(4)1910.23(a)(8)
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 7, 1991
L.H. Polaski
Custodis Designers and Builders
P.O. Box 1500
Summerville, New Jersey 08876
Dear Ms. Polaski:
In your letters of October 30, 1989 and January 8, 1990, addressed to Mr. Barry J. White, former Director of the Directorate of Safety Standards, the Occupational Safety and Health Administration (OSHA), you asked for an interpretation of OSHA's standards regarding the construction of a permanent handrail at a point between the edge of a platform installed inside a chimney or silo of your manufacture. Please excuse the delay in responding.
Although the handrail such as you describe is required in OSHA's general industry regulations 29 CFR 1910.23(a)(8), it is not required in OSHA's recently published notices of proposed rulemaking on this and allied subjects because the space you describe between the chimney and the platform is a restricted access space less than 12 inches and is protected by a toeboard.
On April 10, 1990, a Notice of Proposed Rulemaking affecting 29 CFR 1910.22, entitled Walking and Working Surfaces and Personal Protective Equipment (Fall Protection Systems), was published in the Federal Register. We enclose a copy of this publication for your information and use. The part that addresses your concern appears in Section 1910.22(b)(4) on page 13401. Since OSHA's policy is to accept compliance with the most recently proposed OSHA rules, OSHA will not require you to install a handrail at the point in question.
We hope this information will be a help to you. If you have further questions, please contact this office.
Sincerely,
Patricia K. Clark, Director
[Directorate of Enforcement Programs]
[Corrected 4/4/2005.
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.]