Floor edge guarding after steel assembly

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 13, 1986
Mr. Steve Bloemker
Chief Safety Officer
Hawkins Construction Company
[Recipient address omitted]
Dear Mr. Bloemker:
This is an update to our interim response of January 22 to your letter of December 31, 1985, concerning an October 1985 Occupational Safety and Health Administration (OSHA) inspection at one of your job sites. We have received a report from our Kansas City Regional Office on this subject.
We have reviewed the subject inspection with our Kansas City Regional Office and concur with their position of enforcing 29 CFR 1926.500(d)(1) rather than 29 CFR 1926.750(b)(1)(iii) at your job site. In situations where the employer has completed the structural steel assembly and is in the process of pouring concrete on the metal decking and other trades are working on the floor area, the floor guarding system must comply with 29 CFR 1926.500(d)(1).
Compliance with 29 CFR 1926.750(b)(1)(iii) does not provide protection equivalent to compliance with 29 CFR 1926.500(d)(1), and cannot qualify for a variance in these circumstances.
OSHA is taking every step possible to eliminate an adversarial relationship between the Agency and employers, within the guidelines of the Act. Our efforts involve a variety of approaches which have established new lines of communication between the business community and OSHA. We encourage you to contact our Omaha Area Office regarding any other questions or concerns you may have.
We hope this letter is of help to you. Please do not hesitate to contact us if we can be of further assistance in this or any other matter related to employee safety and health.
Sincerely,
John B. Miles, Jr., Director
[Directorate of Construction]
[Correction 6/20/2005. See OSHA Directive CPL 02-01-034 "Inspection policy and procedures for OSHA's steel erection standards for construction" published on 3/22/2002 for the current policy on OSHA's steel erection standards (1926 Subpart R) for construction.]

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