Backhoe swing-area barricades

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

September 9, 1977
Mr. William G. Wadman
Assistant Executive Director
Associated General Contractors
of Maine, Inc.
[Recipient address omitted]
Dear Mr. Wadman:
This is in response to your letter of June 27, 1977, regarding your request for clarification of backhoe barricading standards. The letter was addressed to our Boston Regional Administrator and forwarded to the National Office for reply. In addition, it confirms a telephone conversation with a member of my staff.
Your concern about adding a man to each trenching job to move barricades continuously is certainly appreciated. Hopefully, some attachment to the excavator can be devised to protect exposed employees from the rear of the rotating superstructure that may strike or crush an employee.
29 CFR 1926.550(a)(9) was promulgated through proposals, public hearings, etc. and stands on its own. There are established Federal standards that were in existent prior to the promulgation of construction standards (Part 1926) that address the subject. Some of these regulations are: 29 CFR 1915.65(d); 29 CFR 1916.65(d); 29 CFR 1917.65(d); 29 CFR 1918.55; and, 29 CFR 1918.74(a)(10).
Due to the decision of the Occupational Safety and Health Review Commission that a certain type backhoe is not covered by requirements for cranes and derricks in 29 CFR 1926.550(a)(9), the Occupational Safety and Health Administration (OSHA) is considering a clarification on citing for this type of hazard. It may be necessary to cite "29 CFR 1926.550(a)(9) and/or Section 5(a)(1) of the Occupational Safety and Health Act" in those areas where backhoes are exposing employees to this hazard.
If I may be of any further assistance please feel free to contact me.
Sincerely,
John K. Barto, Chief
Division of Occupational
Safety Programming