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Standard Interpretations
10/21/1992 - "De minimis violation" status is accorded to power lasers used in the construction industry. |
Standard Interpretations - Table of Contents |
Standard Number: | 1926.54 |
October 21, 1992
Mr. Jamie Williamson Dear Mr. Williamson: This is in further response to your September 23 letter requesting that the Occupational Safety and Health Administration (OSHA) grant "de minimis violation" status in regard to the provisions of 29 CFR 1926.54 for your two laser models referred to as the PlumbPlane Vertical Alignment Systems. The degree of hazard associated with low power lasers used in the construction industry is relatively low, and Class I lasers are typically not hazardous. However, the OSHA construction industry standard for lasers at 29 CFR 1926.54, does not differentiate with respect to class of lasers and, thus, all lasers are covered by the standard. Because of the low hazard nature of Class I lasers, OSHA has determined that violations of 29 CFR 1926.54 for such lasers are "de minimis." This means there will be no citations, no penalties, and no abatement dates. There is one exception: the specific exposure limits of paragraph (j) of the OSHA standard do not depend on the laser's class and continue to have full effect for all lasers. If the two models of lasers referred to in your letter as PlumbPlane Vertical Alignment Systems fall within the Class I classification as established in 21 CFR 1040.10 (less than 1mW), OSHA would consider violations of 1926.54 (except paragraph (j)) to be de minimis. If we can be of any further assistance, please contact Mr. Roy Gurnham or Dale Cavanaugh of my staff in the Office of Construction and Maritime Compliance Assistance at (202) 219-8136.
Sincerely,
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Standard Interpretations - Table of Contents |
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