De minimis ceiling-height deviation on an exit route

January 21, 1981
Mr. John W. Whittlesey
Chief Labor Counsel
Union Carbide Corporation
[Recipient address omitted]
Dear Mr. Whittlesey:
This is in response to your letter dated January 7, 1981, requesting a variance from or a clarification of [29 CFR 1910.36(g)(1)].
You have stated that your new headquarters building located at Old Ridgebury Road, Danbury, Connecticut contain certain areas in some of the egress corridors that measure from 7'4 7/8" to 7'6" depending on the particular area measured. You have further stated that the average distance from the floor to the bottom of the projection (ceiling cover) is 7 feet five and one quarter inches. You contend that this minor deviation does not impose any obstruction whatever to egress in the event of the hazards set forth in Section [29 CFR 1910.37].
Based upon your letter and the supporting material contained therein, it appears that the slight or minor deviation from [29 CFR 1910.36(g)(1)] would meet the conditions of a de minimis violation as described in [the Field Operations Manual] A de minimis violation recognizes minor technical deviations (height requirement) which have no direct or immediate relationship to the safety and health of the employees. A copy of the subject directive is enclosed for your guidance.
Based on the above clarification of this matter, a variance from Section [29 CFR 1910.36(g)(1)] will be unnecessary.
Sincerely,
James J. Concannon, Director
Office of Variance Determination
[Corrected 1/21/2009]