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Which construction fall-protection standard to cite

Summary OSHA staff asked which rule to cite when construction employees worked more than 25 feet above ground without fall protection. OSHA said its policy remained to cite the standard addressing that hazard, such as section 1926.105 for a fall over 25 feet, rather than the general fall-protection provision. The memo addresses enforcement citation choice.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1992-05-21
Date issued
May 21, 1992
Status
Active
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1926 Fall Protection Construction
Source
View the official document

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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.

May 21, 1992

MEMORANDUM FOR: HARVEY E. HARRIS, DIRECTOR OFFICE OF TRAINING AND EDUCATION
BRUCE HILLENBRAND, DIRECTOR
FEDERAL STATE OPERATIONS

FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: Construction Interpretation Issues

This is in response to your March 20 memorandum requesting the appropriate section to be cited when employees are working at heights greater than 25 feet and no fall protection is provided. I apologize for the delay in responding to your inquiry.

Recent court cases and court of appeals decisions have not changed OSHA's policy on the use of 1926.28(a). If a hazard is addressed by another standard, such as 1926.105 for a fall greater than 25 feet, the other standard should be cited. The December 21, 1987, memorandum establishing this policy is attached.

In regard to your November 20 memorandum, please be advised that it is nearing finalization and will be forwarded to you as soon as possible.

Attachment

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