July 19, 2002

Mr. Glen Muenchow
P.O. Box 1198
San Antonio, TX 78294

Dear Mr. Muenchow:

Thank you for your April 23, 2002 letter to the Occupational Safety and Health Administration's (OSHA's) [Directorate of Enforcement Programs (DEP)]. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You are requesting an interpretation of 29 CFR 1910.27, Fixed Ladders, that would state whether the use of a ladder safety device, as described in the documentation attached to your telecopy, would permit your company to avoid the requirement to provide landing platforms in conjunction with fixed ladders that are thirty to forty feet in height.

Scenario: Your company manufacturers cement silos with fixed ladders. These fixed ladders are 30 to 40 feet in height. Your company would like to use ladder safety devices in lieu of providing landing platforms at regular intervals on the fixed ladders, as mandated in 1910.27(d)(2).

Response: OSHA has recognized the value of ladder safety devices both in the present fixed ladder standard and in a proposed ladder standard. See 1910.27(d)(5) and 55 FR 13360, 13369 (April 10, 1990). In addition, the current ANSI standard concerning fixed ladders recognizes the value of ladder safety systems, and requires rest platforms at maximum intervals of 150 feet, where ladder safety systems are used. See ANSI A14.3-1992. Based on the above information, OSHA would classify the use of a ladder safety device in lieu of landing platforms in the situation that you have described as a de minimis violation of the OSH Act. OSHA does not issue citations for de minimis violation nor does OSHA propose penalties for de minimis violations, and employers are not required to abate conditions that OSHA considers to be de minimis violations. A copy of the de minimis violations policy is enclosed.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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 http://www.osha.gov. If you have any further questions, please feel free to contact the [Office of General Industry Enforcement] at (202) 693-1850.

Sincerely,

Richard E. Fairfax, Director
[Directorate of Enforcement Programs]

Enclosure: [Field Operations Manual]

[Corrected 1/21/2009]