Fall protection at the edge of an empty swimming pool

June 8, 1998
David L. Grissom
Grissom, Richards & Featherston, Inc.
[Recipient address omitted]
RE: 29 CFR 1926.501(b)(1); 1925.501(b)(13); 1926.501(b)(15); 1926.502(k);
Dear Mr. Grissom:
This is in response to your letter addressed to Mr. Roy Gurnham, former Director of the Office of Construction Standards and Compliance Assistance, and subsequent telephone conversation with Ms. Jule Jones of this office. You requested an interpretation of OSHA's fall protection requirements for workers located at the edge of an empty residential swimming pool.
The edge of a completed swimming pool not yet filled with water would be considered an unprotected side or edge of a walking/working surface, and conventional fall protection would be required if workers were exposed to a fall of 6 feet or more (§1926.501(b)(1)). The alternative fall protection measures in Subpart M for residential construction apply only to work on a residential building being constructed. Those measures do not apply to employees exposed to fall hazards at the pool while they are off the building. Under the conditions that you describe, it appears as though section §1926.501(b)(15) would apply.
If you require any further assistance, please do not hesitate to [contact us by fax (202-693-1689) at: U.S. Department of Labor — OSHA, Directorate of Construction, Office of Construction Standards and Guidance. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, DC 20210; although, there will be a delay in our receiving correspondence by mail.]
Sincerely,
Russell B. Swanson, Director
Directorate of Construction
Corrected on 03/29/2006

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