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.

MAR 25 1992

Mr. Andrew Anson President
Superchute LTD.
2229 Walkley Avenue
Notre Dame De Grace
Montreal, Quebec H4B 2J9

Dear Mr. Anson:

This is in response to your February 10 letter requesting the Occupational Safety and Health Administration (OSHA) to review the design of a debris chute manufactured by Superchute, LTD. 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 evaluation report and it appears that if properly installed and maintained and not used to load trucks the superchute system would comply with OSHA requirements. If a chute is being used to load trucks where falling material can present a hazard to the truck operator then a substantial gate and employee to operate the gate would be required by 29 CFR 1926.852(c).

If we can be of any further assistance, please contact Dale Cavanaugh of my staff at (202) 523-8124.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs

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