Vertical stack and scaling ladders in construction

March 16, 1993
Mr. Adonis Rowland
Fatality/Accident Investigator
Eugene Field Office
Oregon Occupational Safety and
Health Division
[Recipient address omitted]
Dear Mr. Rowland:
This is in response to your February 18 letter requesting an interpretation of which Occupational Safety and Health Administration (OSHA) standards address the use of temporary vertical ladders known as "stack or scaling" ladders.
OSHA has divided all ladders into two groups: fixed and portable. By definition, stack and scaling ladders are portable ladders. The problem is that the specific provisions for portable ladders address fall protection concerns primarily by requiring the ladder to be used at a four to one angle (29 CFR 1926.1053(b)(5)(i) - note, the provision is also intended to address ladder stability issues). With regard to stack and scaling ladders used vertically, an alternative method of providing fall protection could be used (such as any of the methods or systems prescribed for fixed ladders) and the resulting violation of 1926.1053(b)(5)(i) would be considered to be "de minimis." A "de minimis" violation of a standard is one which has no direct or immediate relationship to employee safety or health. Of course, the ladder would have to be secured in a manner addressing the stability concerns.
If we can be of any further assistance, please contact [the Directorate of Construction at (202) 693-2020].
Sincerely,
Roy F. Gurnham, Esq., P.E., Director
[Directorate of Construction]

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

[Corrected 05/28/2004]