Subpart L — Scaffolding

The mix-up stemmed from the way OSHA s directive (CPL 2-1.23— Inspection Procedures for Enforcing Subpart L, Scaffolds Used in Construction) is worded. That directive stated that scissors lifts are addressed by 29 CFR 1926.453— Aerial lifts, and not by 1926.452(w)—Mobile scaffolds. 

CPL 2-1.23—Inspection Procedures for Enforcing Subpart L, Scaffolds Used in Construction. 

These and other conditions are found in 1926 Subpart L—Scaffolds. 

Note Bricklaying operations performed on scaffolds are regulated by subpart L—Scaffolds of this part. 

Fall protection is also required when working on scaffolding 10 feet or more above a lower level have to be protected from falling to that lower level. OSHA s 1926 Subpart L lists the different types of fall protection needed for various types of scaffolds. 

The training requirements for the scaffold rule (1926.454) reqiiire you to ensure employees imderstand (1) any other pertinent requirements of Subpart L. When using scaffolds, those pertinent requirements are found at 1926.451(f) — Use. 

Non-Mandatory) Appendix A to Subpart L of Part 1926—Scaffold specifications. 32... 

Non-Mandatory) Appendix C to Subpart L of Part 1926—List of national consensus standards. 39 (Non-Mandatory) Appendix D to Subpart L of Part 1926—List of training topics for scaffold... 

NON-MANDATORY) APPENDIX B TO SUBPART L OF PART 1926-CRITERIA FOR DETERMINING THE FEASIBILITY OF PROVIDING SAFE ACCESS AND FALL PROTECTION FOR SCAFFOLD ERECTORS AND DISMANTLERS... 

I) Performance requirements for guardrail systems used on scaffolds and performance requirements for falling object protection used on scaffolds are provided in subpart L of this part. 

Scissor lifts, including those with platforms that extend beyond the equipment s wheelbase, do not fall within any of these categories. Therefore, scissor lifts are not addressed by the aerial lift provisions of Subpart L. While there are no OSHA provisions that specifically address scissor lifts, they do meet the definition of a scaffold in 1926.451, general requirements for scaffolds. Employers must therefore comply with the other applicable provisions of Subpart L when using scissor lifts. For example, since scissor lifts are mobile, the specific requirements for mobile scaffolds in the scaffold standard ( 1926.452(w)—mobile scaffolds) must be met. 

As mentioned above, other constaiction standards (besides 1926.602(c)) contain requirements to protect employees working on platforms. In Subpart L, the standard for scaffolds, the term platform is defined as a work surface elevated above lower levels. Therefore, 1926.451, 1926.452, and 1926.454 of OSHA s standards for scaffolds would apply for capacity, construction, access, use, fall protection, and training. 

This is in response to your letter dated January 28, 2000, addressed to the Occupational Safety and Health Administration requesting an interpretation of the scaffold standard, 29 CFR 1926 Subpart L. Specifically, your questions deal with the following issues what is considered a firm foundation for a scaffold, and who is responsible for determining the adequacy of the foundation ... 

Answer The competent person is designated by the employer and has the authorization to take prompt corrective measures to eliminate hazards. In making that determination, the employer should inquire into the individual s work credentials and experience. The preamble to Subpart L (volume 61 of the Federal Register at page 46,059, Aug. 30,1996) gives the following example of what is required to become a competent person on scaffolding. 

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