September 10, 1980

Mr. D. L. Christley
W. M. Bashlin Company
Grove City, Pennsylvania 16127

Dear Mr. Christley:

This is in response to your letter addressed to Mr. James J. Concannon. Your letter was forwarded to this office for evaluation and response. This also confirms a telephone conversation with a member of my staff, Mr. Simms.

29 CFR 1926.959(b)(2)(i) requires the cushion part of the body belt shall contain no exposed rivets on the inside. The special belt as described in your correspondence does not comply with the aforementioned standard and employers allowing use of the special purpose belt for conventional use would be subject to a violation of the standard. However, if the special purpose for which the special purpose belt is to be used conforms to 29 CFR 1926.955(e), (live-line barehand work), and all the applicable requirements therein are satisfied, for such equipment, i.e., 29 CFR 1926.955(e)(3) through (e)(8), the special purpose belt would be in compliance.

If employers intend other types of usage for the special purpose belt, they must obtain a variance from OSHA's Office of Variance Determination. This would require that protection equivalent to the standard be provided employees.

I hope this information will be helpful. If we may be of further assistance, please call or write.

Sincerely,



John K. Barto Chief,
Division of Occupational Safety Programming