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 5, 1992
Mr. George Miller
Mason Contractors Association
of America
1550 Spring Road
Suite 320
Oak Brook, Illinois 60521
Dear Mr. Miller:
This is in response to your letter of January 24 in which you request the Occupational Safety and Health Administration (OSHA) to review the design of a scaffold guard rail designed by Seedorff Masonry, Inc. I apologize for the delay of this response.
As you know, it is the policy of the Occupational Safety and Health Administration not to approve or endorse products. The variable working conditions at jobsites and possible alteration or misapplication of an otherwise safe product could easily create a hazardous condition beyond the control of the product manufacturer. However, we have reviewed the information provided in your letter and test report and note that the system is configured similar to other units commercially available from scaffold manufacturers. It appears, therefore, that the basic system design, if properly installed and maintained, would provide adequate fall protection and be in compliance with OSHA's standards for scaffold guardrails.
If we can be of any further assistance, please contact Mr. Roy Gurnham or Mr. Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 523-8124.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs