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.

January 18, 2006

Mr. Bryan Martucci
Gilbane Development Company
Development Manager
7 Jackson Walkway
Providence, RI 02903

Dear Mr. Martucci:

Thank you for your May 6, 2005, 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 had requested clarification as to whether any provisions of 29 CFR 1910.66 require the removal of traffic signal wires. Your paraphrased scenario, question, and our response are provided below.

Scenario: Employees perform building maintenance, such as window cleaning, from a powered maintenance platform suspended over a street that passes beneath the building. The designated "safe surface" is the rooftop, and this is where employees safely access the powered maintenance platform. Because an intersection with traffic signals is located next to the building, the maintenance platform is suspended over traffic signal wires that in emergency situations would interfere with the safe lowering of the platform.

Question: Are there any provisions of 29 CFR 1910.66 that would require the removal of traffic signal wires?

Response: Pursuant to OSHA's powered platform standard at 1910.66(e)(9), an employer must have a written emergency action plan explaining the procedures to be followed in the event of a power failure, equipment failure, or other emergencies that may be encountered, but the standard does not call for any particular procedure or set of procedures. An emergency action plan, therefore, does not necessarily require a plan for lowering the platform to ground level. It should not be necessary for an employer to seek relocation of the traffic signal wires.

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 contact the Office of General Industry Enforcement at 202-693-1850.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs