When cut-and-cover subway work becomes tunnel work

April 30, 1975

MEMORANDUM FOR: DAVID H. RHONE
ASSISTANT REGIONAL DIRECTOR/OSH
Subject: Request for Interpretation

This is in response to your memorandum dated April 2, 1975, and subsequent telephone conversation regarding an interpretation defining, "Tunnel", and the application of Section 1926.800 as it would apply to the Morrison-Kundsen operation in the construction of the Metro system.

A subway tunnel constructed by the "cut and cover" method becomes a tunnel when the section under construction is completed and back filled. Thereby, creating hazards or environments that could be germane to tunnel operations.

An employer would be cited for an alleged violation of a standard in 29 CFR 1926.800, Tunnel and Shafts, when; (1) an employee's worksite is in a tunnel, (2) employee is engaged in construction work as defined in 1910.12(b), and (3) the employee is exposed to a hazard that is an apparent violation of a standard in the 1926.800 section.

In regard to 1926.800(a)(6), enforcement of this standard would depend upon the operations inspected and the conditions observed. The intent of this standard was to have an accurate account of those employees engaged in tunneling operations underground in case of accidents which require search and rescue operations. In areas where such employees are relatively safe, such as in cut and cover operations where the decking is temporary, a check in - check out system is a highly recommended practice, but is not mandatory. Each alleged violation should be determined on its own merit in the enforcement of the 1926.800 standards.

Barry J. White
Associate Assistant Secretary for
Regional Programs