Fixed building ladders during construction

October 9, 1992

Mr. Urey R. Miller
Chief Engineer
The M.S. Kellogg Company
[Recipient address omitted]
Dear Mr. Miller:

Your September 23 letter to Acting Assistant Secretary Dorothy Strunk requesting clarification of the Occupational Safety and Health Administration (OSHA) rules for ladders, has been forwarded to this office for response.

Although not stated in the scope paragraph of Subpart X -- Stairways and Ladders, OSHA does not intend that rule to supersede the 29 CFR 1910 requirements for permanent features (such as fixed ladders and stairways) of a building during and subsequent to the construction of those features in the building. Consequently, you are correct in your interpretation that 1926.1053(a)(6)(i), which requires metal ladder rungs to be skid-resistant, is not applicable to permanently installed fixed metal ladders which meet the provisions of 1910.27, and construction workers may use such ladders during the construction process. Therefore, a rule change or stay is not necessary to address your concern although a directive on this matter may be issued in the near future.

Thank you for bringing your concern to our attention. If you have need of further assistance, please contact Mr. Roy Gurnham or Mr. Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 219-8136.

Sincerely,
Roger A. Clark Director
Directorate of Compliance Programs