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Power transmission repair and construction rule coverage

Summary A regional administrator asked whether the construction power transmission rule covered repair work. OSHA said the provision should not then be used to cite repair hazards; staff should assess the general duty clause and, if its elements could not be shown, send a hazard letter describing corrective action. OSHA now archives the memo as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1985-09-30-0
Date issued
September 30, 1985
Status
Archived by the agency
OSHA archives this memorandum and says it may no longer represent OSHA policy.
Status last verified October 10, 2026

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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

MEMORANDUM FOR: BYRON R. CHADWICK Regional Administrator-VIII

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

SUBJECT: Interpretation of 29 CFR 1926.950(a).

This reply is in response to your memorandum of September 5, on the same subject.

As presently constituted under Subpart V-Power Transmission and Distribution, 1926.950(a) is not to be used to cite hazards involving repair of these systems. The OSHRC Decision dated May 2, 1977 Docket No. 11107 is attached for further information on this subject.

It is suggested that under similar circumstances Chapter IV of the FOM be consulted for the evaluation of a potential 5(a)(1) situation. If the four elements of a 5(a)(1) violation cannot be established, a letter will be sent to the employer and the employee representative (with a copy to the Directorate or Field Operations through the Regional Administrator) describing the hazard and suggesting corrective action. See: FOM Chapter IV, A. 2. f. (2)(b) and Appendix C-1 of the IMIS Forms Manual.

It is important that the letter be utilized in this type of situation to indicate to the National Office the need for a standard covering repair of power transmission and distribution systems.

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