- Standard Number:
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 30, 1993
Martin Drott
Special Projects Administrator
Construction Industry
Manufacturers Association
111 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202-4879
Dear Mr. Drott:
This is in response to your letter of May 24, about the status of OSHA's actions concerning bungee jumping from cranes. As you noted, the last Occupational Safety and Health Administration (OSHA) action was a year ago when the draft OSHA Instruction about bungee jumping was circulated for comment within OSHA. This draft has been re-worked to incorporate the various comments and is currently being reviewed prior to publication.
As you may be aware, the OSHA coverage applies only to the employer and employee relationship; OSHA does not regulate the public safety aspects of workplace activities, i.e., in the case of bungee jumping, the safety of spectators and non-employee jumpers. That is a matter left to State, local or other Federal authorities.
The bungee jumping activity carries a Standard Industrial Classification code (SIC code) that places the activity within coverage of the OSHA 29 CFR 1910 general industry standards. All of the applicable 1910 standards would apply to any bungee jumping activity. Subpart N "Materials Handling and Storage", contains the standards that apply directly to cranes and derricks. There are no standards in this section that permit the routine hoisting of employees or personnel platforms utilizing crane equipment, although OSHA's construction standards provide for such activities in certain circumstances.
To recapitulate:
OSHA has authority over worker safety at bungee jumping operations. When OSHA inspectors observe serious, recognized hazards at such workplaces, citations may be issued, with appropriate proposed penalties. When our directive is issued, we will be happy to provide you with a copy. In the meantime, your cooperation is welcomed to inform the closest OSHA or designated State office of the location of operations which are hazardous to workers. If public safety is at issue, we encourage you to notify the proper state and local authorities.
We appreciate your interest in employee safety and health.
Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs