Floor openings and stair riser tolerances under older OSHA guidance

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

July 12, 1996

Mr. James R. Rhudy
Corporate Safety Manager
Chicago Bridge & Iron Company
[Recipient address omitted]
Dear Mr. Rhudy:

This is in response to your letter dated June 27, 1996 in which you requested standard interpretations on the following: 29 CFR 1910.23(a)(9) and 1910.24(e).

In your letter you asked, "Is there an interpretation that permits a 2 inch opening, or can we use a toeboard to protect a floor hole where no one can accidentally walk?"

29 CFR 1910.27(b)(4) of the proposed standard (a copy is attached for your information) states: "A floor hole less than one foot (30.5 cm) in its least dimension (the shortest distance from the edge of the work surface or toeboard to the object going through the work surface) provided for passage of machinery, piping, or other equipment that may expand, contract, vibrate and/or move in a similar manner, need only be guarded by a toeboard or equivalent means to prevent the feet of employees from entering the hole or tools from falling through the opening and onto employees below."

In reference to your second question in which you asked, "What is the permissible tolerance or variation in riser height? Can we have a step that is 9 inches vertically from another step and then have the next step at 8-7/8 inches? The construction standard 1926.1052(a)(3), permits a 1/4 inch variation in riser height or tread depth. What is permitted in General Industry?"

The De Minimis Violation Section of OSHA's Instruction CPL 2.103 states that minor deviations from standards that have no direct or immediate relationship to employee safety or health are acceptable.

If you have any further questions about this response, please contact Ms. Patricia Biles of my staff at 202-219-8031, ext.111. We thank you for your interest in safety and health.

Sincerely,

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

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