Guarding the swing radius of pipe-laying excavators

February 23, 1994

Mr. George S. Kennedy
Director
National Utility Contractors Association
[Recipient address omitted]
Dear Mr. Kennedy:

This is in response to your letter requesting an interpretation of the Occupational Safety and Health Administration (OSHA) standard addressing the use of excavators. I apologize for the delay in responding to your inquiry.

As you point out in your letter, OSHA's construction standards do not specifically address safety procedure associated with the use of wheel or track propelled excavators that are engaged in pipe laying operations. As you know, when there are no specific standards, the Agency relies on the general duty clause to address hazards that are recognized by the concerned industry. With regard to guarding the swing radius of excavators, the Agency considers being caught between the rotating superstructure of an excavator and the carrier or other object a serious hazard and one that is recognized by the excavation industry. Therefore, not only is the employer required o instruct each employee, who could be exposed, on the danger of working near the rotating superstructure (see 1926.21(b)(2)), but must also take the necessary precautions (e.g., erect barricades, warning lines, or other excavation industry recognized procedures) to prevent entry into a swinging superstructure's radius.

We have enclosed a copy of Fatal Facts No. 50 for your information and further guidance.

If you have any further questions, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

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

Enclosure

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