March 17, 2006

Mr. Bruce Clark
President
American Innovations Corp.
1865 W. Wayzata Blvd.
Long Lake, MN 55356-9322

Dear Mr. Clark:

This is in further response to your September 21, 2005 letter to the Occupational Safety and Health Administration (OSHA) requesting an interpretation of both the construction and general industry standards on ladders. OSHA's Directorate of Construction has already responded to your question as it pertains to the Construction Industry. This letter constitutes OSHA's interpretation only of the General Industry requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You have concerns as to whether the Walk-Through Railing System that you manufacture meets OSHA's ladder safety requirements. Your paraphrased question and our response are provided below. Please note that OSHA does not approve or endorse specific products.

Question: Would the use of the Walk-Through Rail System violate any requirement of the Occupational Safety and Health Act, including the Act's General Duty Clause, section 5(a)(1)?

Response: No. You have previously received a partial response to your question from OSHA's Directorate of Construction. That response stated, "...rail extensions that are securely attached (that is, secured to the extent necessary to stabilize the extension and not expose the employee to a falling hazard from the extensions' displacement) would be considered part of the ladder itself." The Directorate of Enforcement Programs agrees with this approach and would apply it to situations involving the use of portable ladders with ladder extensions in general industry settings.

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 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