Ezel / Labor Guidance / US
Back to Federal guidance

Roof Creeper scaffold apparatus and de minimis use

Summary An inventor asked whether a roof platform could be used without the nails or ropes specified for roof bracket scaffolds. Based on the submitted patent, tests, and pictures, OSHA said proper attachment according to the inventor's instructions appeared to satisfy the standard's intent and would be treated as a de minimis condition without a citation. OSHA did not approve the product and labels the letter an archive document.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1994-02-07
Date issued
February 7, 1994
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent current policy.
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1926 Scaffolds Roofing
Source
View the official document

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

The current status of this document is unclear
OSHA labels this an archive document and warns that it may no longer represent current policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 7, 1994

Mr. Peter J. Natwick
Flying Eagle, Inc.
[Recipient address omitted]
Dear Mr. Natwick:

This is in response to your November 17 letter requesting a interpretation of equivalency from the Occupational Safety and Health Administration (OSHA) for your "Roof Creeper Kit Apparatus." I apologize for the delay in responding to your inquiry.

As you know, OSHA neither approves nor endorses products or work practices, but when provided with adequate information, it can offer an opinion as to whether or not they afford compliance with certain regulations. We have reviewed the product patent information, test results and pictures enclosed in your letter and it appears that if the "Roof Creeper Kit Apparatus" is securely attached to the roof according to your instructions, the platform would comply with the intent of the standard. Therefore, OSHA would consider the proper use of the "Roof Creeper Kit Apparatus," without additional nails or rope supports, to be a de minimis condition and no citation would be issued.

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,
Roy F. Gurnham, Esq., J.D.
Director
Office of Construction and Maritime
Compliance Assistance

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

Related guidance

Permanently labeled locks for electrical lockout Opinion Letter · August 17, 2026 Helmet selection for lateral head-impact hazards Opinion Letter · August 17, 2026 Asbestos precautions when restoring drywall after flood damage Opinion Letter · May 7, 2026 Enforcement policy for recording and reporting COVID-19 cases Guidance · March 31, 2026

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace