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.
August 13, 1993
Mr. William Eyler
13249 Creagerstown Road
Thurmont, Maryland 21788
Dear Mr. Eyler:
This is in response to your June 24 letter requesting compliance determinations for your "Safety Rail System" as it relates to current Occupational Safety and Health Administration (OSHA) standards. I apologize for the delay in responding to your inquiry.
Please be advised that OSHA does not approve nor endorse products. The variable working conditions at jobsites and possible alterations or misapplication of an otherwise safe product could easily create a hazardous condition beyond the control of the manufacturer. However, we have reviewed the information you provided and offer the following comments:
Standard railing specifications are contained in 29 CFR 1926.500(f)(1)(i) thru (v). Paragraph 1926.500(f)(1)(vi) sets forth the generic specification criteria for standard railings as follows:
(vi) Other types, sizes, and arrangements of railing construction are acceptable, provided they meet the following conditions:
(a) A smooth-surfaced top rail at a height above floor, platform, runway, or ramp level of approximately 42 inches;
(b) A strength to withstand at least the minimum requirements of 200 pounds top rail pressure with a minimum of deflection;
(c) Protection between top rail and floor, platform, runway, ramp, or stair treads, equivalent at least to that afforded by a standard intermediate rail;
(d) Eliminations of overhang of rail ends unless such overhang does not constitute a hazard.
The OSHA requirements for stairrails and handrails are contained in 1926.1052(c)(1) thru (12), and 1926.500(f)(4)(i) thru (iii).
It appears that if the "Safety Rail System" is properly installed in accordance with the product data enclosed with your letter and meets the requirements of the standards listed above, then compliance would be achieved.
If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.
Sincerely,
Roy F. Gurnham, Esq., P.E. Director
Office of Construction and Maritime
Compliance Assistance
June 24, 1993
William Eyler
13249 Creagerstown Road
Thurmont, MD 21788
United States Dept. of Labor - OSHA
Office of Construction and Maritime
Compliance Assistance
200 Constitution Avenue, N.W.
Washington, DC 20210
ATTN: Roy Gurnham
Dear Dr. Gurnham,
Fred Anderson recommended that I write to you concerning my invention. I would appreciate your review and comments as to the Safety Rail System's compliance with current OSHA standards.
I am attempting to patent this device and (hopefully) market it nationally.
It has been designed to comply with and compliment OSHA's desire to present a consistent, flexible, and positive safety railing for numerous situations. You will note that the post offers both required heights for stairs and landing, and the added toe rail. The mid-rail height is also adjustable.
I will gladly bring a sample to your office on request.
I assume our correspondence and any drawings will be held in strictest confidence.
Sincerely,
William Eyler
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