Fall protection while erecting or dismantling scaffolds

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 30, 1985

Mr. D. Victor Saleeby
Executive Vice President
Scaffold Industry Association
[Recipient address omitted]
Dear Mr. Saleeby:

This is in response to your letter of September 11, concerning fall protection for employees engaged in erecting or dismantling scaffolds.

The Occupational Safety and Health Administration's (OSHA) policy has been to require fall protection whenever employees are exposed to hazardous conditions meeting the criteria as defined in OSHA Instruction STD 3-3.1, entitled "Fall Protection in Construction: 29 CFR 1926.28 and 105(a)" (copy enclosed). A recent court case involving Spartan Rigging Corporation and Atlantic Rigging Corporation, as outlined in the Occupational Safety and Health Reporter, supports our position that OSHA require at times the use of guardrails or safety belts in dismantling scaffolds. In summary, the Court decided that the absence of fall protection to employees working at intermediate levels of scaffolds posed a hazard capable of serious physical harm or death. Tying employees off could be achieved in a matter of seconds and the wearing of safety belts in dismantling of scaffolds was feasible and did not pose a greater hazard than not wearing them.

When the Subpart L proposal is published in the Federal Register we will encourage employers to comment on the subject proposed standard. It is possible that we may receive comments on the proposal which would require us to modify the standard. However, the August 2 memorandum mentioned in your letters clarifies our current position in this matter and will not be withdrawn at this time.

If we can be of further assistance, please let us know.

Sincerely,
Patrick R. Tyson
Acting Assistant Secretary

Enclosure

[Requester letter reproduced on OSHA page; omitted here.]

August 2, 1985

MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS

FROM: JOHN B. MILES, JR., Director
Directorate of Field Operations

SUBJECT: Fall Protection for employees engaged in erecting or dismantling scaffolds in the Construction Industry

It is not the intent of the construction scaffold standards to specifically require employees who erect or dismantle scaffolds to use a safety belt and lanyard at all times. However, employees erecting or dismantling scaffolds must wear safety belts and lanyards in performing work at a stationary location for a period of time which allows the practical use of safety belts and lanyards. It is OSHA's position that requiring the constant wearing of belts and lanyards while erecting or dismantling scaffolds could be hazardous to employees.

The Directorate of Safety Standards Programs anticipates publishing a new proposal for Subpart L - Ladders and Scaffolding later this year. The fall protection proposed for employees erecting/dismantling scaffolds will be specifically included in that proposal and the text contains a provision which will exempt employees engaged in erecting or dismantling scaffolds from using any fall protection.