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.

December 5, 2023

Frank J. Christensen
General President
International Union of Elevator Constructors
7154 Columbia Gateway Drive
Columbia, MD 21046

Dear Mr. General President Christensen:

Thank you for your letters to the Occupational Safety and Health Administration (OSHA) Directorate of Construction. You requested clarification of OSHA's application of its Scaffold Standard, 29 CFR 1926 Subpart L (particularly the definitions in 1926.450(b), the fall protection requirements in 1926.451(g), and falling object protection requirements in 1926.451(h)) and Fall Protection Standard, 29 CFR 1926 Subpart M (particularly the definitions in 1926.500(b) and requirements for personal fall arrest equipment in 1926.502(d)(15)) to conveyance cars and platforms and fall protection anchorage points used in and around conveyance hoistways during the construction of permanent elevators. This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any questions not delineated within your original correspondence. Please excuse the delay in our response.

First Letter regarding Suspended Scaffolds

Question 1a - e. Which of the following configurations is considered a suspended scaffold subject to the scaffold safety standard (1926 subpart L):

29 CFR 1926.450(b) provides the following relevant definitions:

Scaffold means any temporary elevated platform (supported or suspended) and its supporting structure (including points of anchorage), used for supporting employees or materials or both.

Suspension scaffold means one or more platforms suspended by ropes or other non-rigid means from an overhead structure(s).

a. Conveyance operating in temporary guides or operating with incomplete guides (for example, see Attachment A);

Response: Conveyance operating in or with temporary guides or incomplete guides would meet the definition of a suspended scaffold under 29 CFR 1926.450(b).

b. Conveyance suspended by temporary suspension means (i.e., temporary cables) (for example, see Attachment B);

Response: Conveyance suspended by temporary suspension means would be considered a suspended scaffold under 29 CFR 1926.450(b).

c. Conveyance utilizing a temporary machine (for example, see Attachment C);

Response: Conveyance utilizing a temporary hoist machine would meet the definition of a suspended scaffold under 29 CFR 1926.450(b).

d. Conveyance utilizing any combination of one or more of the aforementioned temporary devices (temporary or incomplete guides, temporary suspension cable(s), or a temporary hoist machine) with a permanent elevator car frame and enclosure (for example, see Attachment D);

Response: Conveyance utilizing any combination of one or more of the aforementioned temporary devices with a permanent elevator car frame and enclosure would meet the definition of a suspended scaffold under 29 CFR 1926.450(b).

e. Conveyance utilizing any combination of one or more of the aforementioned temporary devices with a permanent elevator car frame with a temporary working platform (for examples, see Attachments E and F); and

Response: Conveyance utilizing any combination of one or more of the aforementioned temporary devices (temporary or incomplete guides, temporary suspension cable(s), or a temporary hoist machine) with a permanent elevator car frame with a temporary working platform would meet the definition of a suspended scaffold under 29 CFR 1926.450(b).

2. In each of the configurations above, what type of fall protection, overhead protection and falling object protection is required?

Response: Each configuration described above meets the definitions of a suspended scaffold, therefore the fall protection must meet the requirements found in 29 CFR 1926.451(g), Fall protection.  Overhead and falling object protection for employees working from a suspended scaffold must meet the requirements of 29 CFR 1926. 451(h), Falling object protection.

Second Letter regarding Fall Protection

1. When an employee is performing work in or near a hoistway and a vertical lifeline is used, may the lifeline be anchored to the same overhead beam that is used to suspend a car frame, platform, or other hoisting and rigging apparatuses? How do the anchorage requirements differ for platforms subject to the scaffold standard?

Response: No, per 1926.502(d)(15) a vertical lifeline may not be anchored to the same overhead beam that is used to suspend a car frame, platform or other hoisting and rigging apparatuses because anchorages used for the attachment of personal fall arrest equipment must be independent of any anchorage used to support or suspend platforms. Vertical lifeline anchorage points used in or near hoistways on a platform not considered a suspended scaffold must meet the requirements of 29 CFR 1926.502(d)(15), or 29 CFR 1926.502(d)(15)(i) and (ii). For platforms subject to the scaffolding standard, the anchorage requirements must meet the requirements of 29 CFR 1926.451(g) and 1926.502(d).

2. Are temporary beams or otherwise non-structural beams a safe point of anchorage? See Attachment A for examples of non-structural beams used for anchorage.

Response: Temporary beams or otherwise nonstructural beams must meet the requirements of 29 CFR 1926.502(d)(15) and be independent of any anchorage being used to support or suspend platforms and capable of supporting the weight limit specified in the standard or designed installed and used as indicated in paragraphs (i)-(ii).

Sincerely,

Scott C. Ketcham, Director
Directorate of Construction