Landing-platform spacing on fixed chimney ladders

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 23, 1998
Mr. Gene Follstaedt
American Schack Company, Inc.
[Recipient address omitted]
Dear Mr. Follstaedt:
Thank you for your letter of June 24, concerning the Occupational Safety and Health Administration's (OSHA) standard 29 CFR 1910.27. Your letter stated two questions and provided a sketch of a product American Schack manufactures. Your questions are:

1. Is this American Schack Company, Inc. steel stack to be considered a chimney?
2. Are platform spacings that exceed 30'-0" in compliance with OSHA regulations?

Reply to question 1: As a flue device, your company's steel stack would be considered to be a chimney within the context of the 1910.27 standard where it addresses chimney ladders.
Reply to question 2: The current OSHA standard 1910.27(d)(2) establishes a maximum limit of 30 feet between platforms, so ladder distances in excess of 30 feet without an intermittent platform would not be in compliance with the standard.
This standard was part of the initial package of standards promulgated in 1971. Since then the reference standard for 1910.27, American National Standards Institute (ANSI) standard ANSI A14.3,has undergone several modifications. Also, OSHA published a notice of proposed rulemaking in April 1990 to modify and update 1910.27. Both of these documents contain provisions extending the distance of continuous climb on a ladder with a cage or well to a length not to exceed 50 feet.
OSHA's de minimis policy would apply to an employer who complies with a proposed standard or amendment, such as the April 1990 proposed rulemaking, or a consensus standard, such as ANSI, rather than with the standard in effect at the time of inspection and the employer's action clearly provides equal or greater employee protection. The de minimis policy states that violations of a standard which have no direct or immediate relationship to safety or health and will not be included in citations. Thus, the caged ladders on the stack which exceed 30 feet are technically in violation, however, since they comply with both the OSHA proposed rule and the current consensus standard for fixed industrial ladders and the level of safety is not diminished, they will not be cited.
If you have further questions concerning this letter please contact [the Office of General Industry Enforcement at (202) 693-1850].
Sincerely,
John B. Miles, Director
[Directorate of Enforcement Programs]
[Corrected 4/4/2005.
Note: On April 10, 1990 OSHA published proposed revisions to Walking and Working Surfaces; Personal Protective Equipment (Fall Protection Systems); Notices of Proposed Rulemaking; Slips; Falls; Trips in Federal Register 55:13360-13441. It is available electronically only as an abstract. On May 2, 2003 OSHA reopened the rulemaking record on the proposed revisions to Walking and Working Surfaces and Personal Protective Equipment (Fall Protection Systems). It was re-published in its entirety in Federal Register 68:23527-23568 and is available electronically.]

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