Fixed ladders on paving vehicles under construction ladder rules

February 5, 2001

Larry R. Jackson

Price, Potter, Jackson & Mellowitz, P. C.

Attorneys at Law

[Recipient address omitted]

RE: 29 CFR 1926.1050 and 1926.1953

Dear Mr. Jackson,

This responds to your October 17, 2000, letter to the Occupational Safety and Health Administration (OSHA) requesting interpretations of 29 CFR 1926.1050 and 1926.1053. You specifically ask if fixed ladders on equipment such as the Roadtec SB-2500 Shuttle Buggy are required to comply with these standards.

Question: Are fixed ladders on equipment such as the Roadtec SB-2500 Shuttle Buggy required to comply with 29 CFR §§1926.1050 and 1926.1053?

Answer: No. On November 14, 1990, OSHA published its final rule covering the use of stairways and ladders used in the construction industry. The scope section of Subpart X - Stairways and Ladders, 29 CFR 1926.1050(a) states that the standard "applies to all stairways and ladders used in construction, alteration, repair (including painting and decorating)...." However, the standard's definition of a fixed ladder (1926.1050(b)) is "a ladder that cannot be readily moved or carried because it is an integral part of a building or structure" [emphasis added]. We note that OSHA did not address fixed ladders on vehicles in the Subpart X rulemaking. Therefore, the provisions in §1926.1053 regarding fixed ladders do not apply to fixed ladders on vehicles.

If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,

Russell B. Swanson, Director

Directorate of Construction

[Corrected 6/2/2005]