November 26, 2012

Rory Moulton
Southwest Design Engineer
Natgun Corporation
410 East Trinity Blvd.
Grand Prairie, TX 75050

Dear Mr. Moulton:

Thank you for your April 10, 2012 letter to the Occupational Safety and Health Administration (OSHA) Directorate of Construction and subsequent discussions with Directorate staff members. You have specific questions concerning the qualifications of designers and inspectors of tiered single-post concrete shoring. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any question not delineated in your original correspondence.

Question:

Under 29 C.F.R. §1926.703(b)(8)(i), tiered single post shoring shall be prepared by a "qualified designer," and the erected shoring shall be inspected by an "engineer qualified in structural design." What does "qualified designer" and "engineer qualified in structural design" mean under section 1926.703(b)(8)(i)?

Response:
Concrete formwork can collapse if not designed and installed properly. Therefore, concrete formwork, including shoring, must be designed and inspected to ensure that it can support all loads imposed on it. Twenty-nine C.F.R. §1926.703(b)(8) requires that whenever single post shores are tiered (used one on top of another), the employer shall comply with certain specific requirements in addition to the general requirements for formwork. Use of single post shores in more than one tier is highly sensitive to design and/or erection errors that can lead to structural collapse. Therefore, under paragraph (b)(8)(i), "[t]he design of the shoring shall be prepared by a qualified designer and the erected shoring shall be inspected by an engineer qualified in structural design." The designer and inspector must ensure that such shoring meets the specific requirements under section 1926.703(b)(8).

The definition of "qualified" applicable to section 1926.703(b)(8)(i) is found in 29 C.F.R. §1926.32(m). Section 1926.32(m) defines "qualified" as "one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project. "

Accordingly, tiered single post shoring must be designed by someone who has successfully demonstrated his ability to solve or resolve problems related to tiered single post shoring. This ability is successfully demonstrated if the designer has either: (1) a recognized degree, certificate, or professional standing related to formwork design and tiered single post shoring; or (2) extensive knowledge, training and experience in formwork design and tiered single post shoring.

After the tiered shoring is erected, it must be inspected by an engineer who has successfully demonstrated his ability to solve or resolve problems relating to tiered single post shoring. Such ability is established if the engineer has: (1) a recognized degree, certificate, or professional standing related to structural design; or (2) extensive knowledge, training, and experience in structural design.

Although section 1926.703(b)(8)(i) does not explicitly require that tiered single post shoring be designed by a structural engineer, under section 1926.703(a)(1), all formwork, including shoring, must be designed to support without failure all vertical and lateral loads that may reasonably be anticipated to be applied to the formwork. As such, employers may determine that the only way they can achieve compliance with section 1926.703(a)(1) is to have a qualified structural engineer design the formwork. Even if the employer determines that a designer who is not an engineer is qualified to design the shoring, when tiered single post shoring is used, section 1926.703(b)(8)(i) requires that the erected shoring must be inspected by an engineer qualified in structural design before concrete is poured.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,

James G. Maddux, Director
Directorate of Construction