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 19, 2000
The Honorable Robert Wexler
U. S. House of Representatives
Washington, D.C. 20215
Dear Congressman Wexler:
Thank you for your August 7, 2000 letter on behalf of Mr. Alan Weinberg, Document Number 360064tb. He requested clarification and interpretation of the Occupational Safety and Health Administration's (OSHA's) requirements regarding the use of a five-gallon paint pail as a step stool in lieu of an approved ladder.
OSHA does not have specific standards that address five-gallon paint pails used as step stools nor do we have any standards that address [wood (1)] step ladders typically used in stockrooms. However, where specific standards do not exist, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (OSH Act), the general duty clause, requires the employer to provide a working environment free from serious safety and health hazards. In addition, where OSHA does have standards, employers are free to exceed OSHA standards and to impose more stringent requirements in their workplaces.
Based on the information provided by Mr. Weinberg, we concur with the local OSHA Area Office's response. OSHA promotes the use of safe and correct equipment at every work site. As a general practice, it would be improper to use a five-gallon paint pail as a step stool, and such use could constitute a serious safety hazard. Such use is not consistent with the manufacturer's intended use for that product. A ladder is a safer and more practical approach for this situation.
OSHA standards establish minimum criteria for compliance under the Act. Mr. Weinberg's employer appears to be complying with the intent of the OSH Act by providing a ladder for employees to use in gaining access to products that cannot be obtained safely from the floor.
Again, thank you for your letter. If you have any further questions or concerns, please contact the Office of General Industry Compliance Assistance at 202 693-1850. We appreciate your interest in occupational safety and health.
Sincerely,
R. Davis Layne
Acting Assistant Secretary
[Corrected 10/22/2004]
Footnote (1)
May 4, 2001
The Honorable Robert Wexler
U. S. House of Representatives
Washington, D.C. 20215
Dear Congressman Wexler:
We were in the process of reviewing our interpretation letters on the Internet and noticed a minor omission in our response to your August 7, 2000 letter on behalf of Mr. Alan Weinberg, Document Number 360064tb. He requested clarification and interpretation of the Occupational Safety and Health Administration's (OSHA's) requirements regarding the use of a five-gallon paint pail as a step stool in lieu of an approved ladder.
In our response to your letter the word "wood" was unintentionally left out. This omission does not affect the intent of our interpretation. This action correctly addresses our response to your letter, inserting the word "wood" to agree with the applicable OSHA standard. Please accept our apology for this omission. We have enclosed a copy of the revised letter for your review.
Again, thank you for your letter. If you have any further questions or concerns, please contact the [Office of General Industry Enforcement at 202-693-1850]. We appreciate your interest in occupational safety and health.
Sincerely,
R. Davis Layne
Acting Assistant Secretary