Ezel / Labor Guidance / US
Back to Federal guidance

Manufacturer eligibility for a scaffold variance

Summary A scaffold manufacturer asked for a variance from a construction rule on dissimilar metals in tube and coupler scaffolds. OSHA said only an employer could seek a variance for its affected workers, so the manufacturer's request would receive no further variance action. OSHA archives the letter.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1982-04-15
Date issued
April 15, 1982
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent OSHA policy.
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1926 Scaffolds Variances Manufacturers
Source
View the official document

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

The current status of this document is unclear
OSHA labels this an archive document and warns that it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

April 15, 1982

Mr. Paul Hancock
Steeplejack Waco Inc.
[Recipient address omitted]

Dear Mr. Hancock:

Assistant Secretary Thorne G. Auchter has asked me to respond to your letter dated April 1, 1982 requesting a variance from Section 1926.451(c)(2) prohibiting the use of dis-similar metals on tube and coupler scaffolds, of the Safety and Health Regulations for Construction.

A request for a variance is limited to an employer for his affected employees. A manufacturer is not eligible to seek a variance for his product. Therefore, no further action will be taken on your request for a variance.

However, we will forward your letter to the Office of safety Compliance Programming for their evaluation. After their evaluation is complete, they will be in contact with your office.

If I can be of any assistance, please contact my office at (202) 523-7183.

Sincerely,
James J. Concannon
Director
Office of Variance Determination

Related guidance

Permanently labeled locks for electrical lockout Opinion Letter · August 17, 2026 Helmet selection for lateral head-impact hazards Opinion Letter · August 17, 2026 Asbestos precautions when restoring drywall after flood damage Opinion Letter · May 7, 2026 Enforcement policy for recording and reporting COVID-19 cases Guidance · March 31, 2026

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace