March 27, 2008

Mr. Robert Dritschel
10 Biggs Place
Flemington, New Jersey 08822

Dear Mr. Dritschel:

Thank you for your January 15, 2008 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs. 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 expressed concerns regarding floor load capacity. Your question and our response follow.

Scenario: 29 CFR 1910.22(d) states that a plate of approved design indicating the floor load capacity must be posted. You recently checked OSHA's website and found an April 3, 1996 letter that states, "There is no longer a requirement for a floor loading sign. . . The floor that you described, i.e., a concrete slab, would not be covered under this requirement." This seems to be a contradiction.

Question: What is OSHA's current stance on the posting of floor signs?

Response: The April 3, 1996 standard interpretation that you cite refers to a proposed standard (Walking and Working Surfaces; Personal Protective Equipment, published April 10, 1990) that, if promulgated as written, would remove the current floor load posting requirement and instead, simply require that employees know intended load limits.

Under OSHA's de minimis policy, an employer may comply with a proposed standard rather than with the standard in effect at the time of inspection, if an employer's action clearly provides equal or greater employee protection. With de minimis violations, OSHA does not issue citations or require abatement. Therefore, as long as the Walking and Working Surfaces; Personal Protective Equipment proposed rule still exists, if an employer does not post floor loading signs but ensures that employees know the intended load limits, OSHA would consider it a de minimis violation.

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 may consult OSHA's website at http://www.osha.gov If you have any further questions, please feel free to contact the OSHA Office of General Industry Enforcement at (202) 693-1850.

Sincerely,

Richard E. Fairfax, Director
Directorate of Enforcement Programs