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.

September 5, 1995

Mr. Martin Schofield, P.E.
Director of Product Safety & Liability
Hilti, Inc.
5400 South 122nd East Avenue
Tulsa, Oklahoma 74121

Dear Mr. Schofield:

This letter is in response to your April 27 letter in which you request a statement of compliance from the Occupational Safety and Health Administration (OSHA) for your pole-mounted powder actuated tool.

As you know, OSHA does not endorse products or issue formal letters of approval for products or work practices. The variable working conditions at jobsites and possible alterations or misapplication of an otherwise safe product or procedure could easily create a hazardous condition. However, when provided with adequate information, OSHA can offer an opinion as to whether or not they afford compliance with certain regulations.

With regard to the evaluation of your pole-mounted powder actuated tool, it would appear that your request would specifically address the design and actuation of the tool. OSHA standard 1926.302(e)(12) requires that all powder-actuated tools meet all of the requirements of the American National Standards Institute, (ANSI) A10.3-1970. The design requirements of ANSI A10.3-1970 states:

Firing of the tool shall be dependent upon at least two separate and distinct operations of the operator, with the final firing movement being separate from the operation of bringing the tool into the firing position.

The information provided to us indicates that the tool must be in the vertical position and the tool must also be sharply struck against a firm surface in order to actuate. In addition, the tool is mounted at the end of a seven-foot long pole, and can not be operated if the pole is removed.

Based on this information, it appears that if the tool can only be operated as described above, it would comply with the design requirements of ANSI. A10.3-1970, as required by 1926.302(e)(12).

If you have any further questions on this matter, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Thank you for your interest in occupational safety and health.

Sincerely,



Roy F. Gurnham, P.E., J.D.
Director
Office of Construction and Maritime
Compliance Assistance