Foot protection and falling-object hazards

April 28, 1995

The Honorable Charles E. Grassley
United States Senate
[Recipient address omitted]
Dear Senator Grassley:

Thank you for your letter of March 10 on behalf of your constitute, Mr. Larry L. Larson, concerning a new Occupational Safety and Health Administration (OSHA) regulation requiring foot protection for employees exposed to falling object hazards. I appreciate the opportunity to address this matter.

As Mr. Roy Gurnham of my staff discussed with Ms. Hope Ann Hegstrom of your office on April 17, OSHA did not recently issue such a rule. Although, OSHA did promulgate a rule August 9, 1994 (copy enclosed) that requires toeboards to be provided in certain circumstances to protect employees against the hazard of falling objects (please see p. 40733 of the enclosed rule for fall protection), there is nothing in that rule that requires steel toed shoes to be worn. Of course, OSHA does require appropriate foot protection to be worn when there are foot hazards present (please see copy of 1926.95). Such hazards include nails in boards and equipment or materials that can cause injury if dropped. When such hazards are absent, such as may be the case in Mr. Larson's line of work, then there is no need to wear such protection.

If Mr. Larson would like additional information, he may contact Mr. Gurnham or Mr. Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 219-8136.

Thank you for your interest in this matter.

Sincerely,
Joseph A. Dear
Assistant Secretary
Enclosures

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