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Chimney platform gaps and falling-object protection

Summary An engineering firm asked whether a narrow gap between a chimney and surrounding work platform was allowed and when toeboards were needed. OSHA said the proposed two-inch gap was within the then-interpreted scaffold allowance and that toeboards were needed when workers below faced falling objects, unless access below was barricaded. OSHA archives the letter and warns it may no longer state current policy.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1994-05-25-2
Date issued
May 25, 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OSHA labels this an archive document and warns that it may no longer represent current policy.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 9, 2026

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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 25, 1994

Mr. Mark H. Sousa
Rytheon Engineering and Constructors, Inc.
Ebaso Division
[Recipient address omitted]
Dear Mr. Sousa:

This is in response to your April 1 fax transmission to the Occupational Safety and Health Administration's (OSHA) Atlanta Regional Office. Your inquiry concerning chimney platform was forwarded to this office for response. I apologize for the delay in responding to your inquiry.

As you may know, OSHA's regulations for general industry operations (Part 1910) and those for construction operations (Part 1926) do not contain provisions specifically addressing chimney platforms. However, both sets of rules do contain general provisions for scaffolds and those provisions have been interpreted to allow up to 14 inches of space between the scaffold working edge and the structure. Distances of more than 14 inches would have to be filled in or fall protection would have to be used. Your design of a two inch opening is, obviously, well within the allowable range.

Toeboards are required only when there are employees below the platform who would be struck if something was dropped from the platform. In lieu of toeboards, the area on the ground may be barricaded to prevent employee access and exposure to the hazard. Of course, as the height of the scaffold increases, the barricaded area needs to increase in size and this can often be infeasible.

If we may be of further assistance, please contact either Mr. Roy Gurnham or Mr. Dale Cavanaugh of my staff at (202) 219-8136 if you have a construction question, or Mr. Rolland Stroup at (202) 219-8031, ext. 115 if you have a general industry question.

Sincerely,
John B. Miles, Jr. Director
Directorate of Compliance Programs

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

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