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Standard Number: 1926.601(b)(4); 1926.601(b)(4)(i); 1926.601(b)(4)(ii); 1926.602(a)(9)(ii)
May 27, 2004
Mr. Richard Holmes
Safety Department Manager
Aggregate Industries
1707 Cole Boulevard, Suite 100
Golden, Colorado 80401
Dear Mr. Holmes:
This is in response to your March 16, 2004, letter to the Occupational Safety and Health Administration's (OSHA) Englewood Area Office regarding the use of a reverse alarm, which is being manufactured in the United Kingdom, on construction sites. The alarm uses "white noise" instead of the more common single-tone alarm.
We have paraphrased your question below:
Question: Does a back-up alarm that uses "white noise" instead of a single tone meet the requirements of 29 CFR 1926.601(b)(4)(i) and 1926.602(a)(9)(ii)? Answer:
OSHA is generally precluded from approving or endorsing specific products. The variable working conditions at job sites and possible alteration or misapplication of an otherwise safe piece of equipment could easily create a hazardous condition beyond the control of the equipment manufacturer. However, where appropriate, we try to give some guidance to help employers assess whether products are appropriate to use in light of OSHA requirements.
Title 29 CFR 1926.601(b)(4) states:
Section 1926.602(a)(9)(ii) states:
These provisions, by their terms, do not specify that a reverse signal alarm be of the single-tone type. However, we have neither the data nor the resources to evaluate whether this particular device would be "audible above the surrounding noise level" as required by the standard. If it does meet this test -- that is, provides adequate warning to workers in the path of the vehicle, and to workers walking towards the path of the vehicle in time to avoid contact -- it would comply with §1926.601(b)(4).
Sincerely,
Russell B. Swanson, Director
Directorate of Construction