March 28, 1994

MEMORANDUM FOR:     ALL REGIONAL ADMINISTRATORS

THROUGH:            H. BERRIEN ZETTLER, DEPUTY DIRECTOR 
                   DIRECTORATE OF COMPLIANCE PROGRAMS

FROM:               ROY F. GURNHAM, DIRECTOR 
                   OFFICE OF CONSTRUCTION AND
                   MARITIME COMPLIANCE ASSISTANCE

SUBJECT:            Safety Procedures During Gunite and Shotcrete Pool
                   Construction

Members of the Office of Construction and Maritime Compliance Assistance, Office of Construction and Engineering, and the Office of Construction and Civil Engineering Safety standards have researched this issue and have determined that compliance with the provisions of Subpart P during the construction of gunite or shotcrete pool walls is not feasible. These offices have concluded that application of 1926.652(a) requiring a protective system to be provided in swimming pool excavations would prevent the performance of the required work.

In instances where it has been established that compliance with a standard is infeasible, it is OSHA's policy to require the employer to use alternative means or methods of avoiding or reducing the hazard. (OSHA Instruction CPL 2.45B CH-3, Chapter V section E.3.b.) Such alternative means and methods for swimming pool excavations include at least the following:

1) An effective thorough safety program is in place,

2) Employees are thoroughly trained in the provisions of the safety plan,

3) All spoil piles are maintained a safe distance away from excavation (equal to or greater distance than depth),

4) Vehicles are kept a safe distance away from excavation (equal to or greater distance than depth)

5) All portions of the excavation which appear to the competent person to pose a hazard of sloughing or cave-in shall be removed or stabilized.

6) A competent person is present at all times while employees are exposed to cave-in hazards, and

7) A protective system must be provided on all nonform excavation walls over 5 feet high.

Although compliance with 1926.652(a) has been established as being infeasible to this type of pool construction, all remaining requirements of Part 1926, Subpart P, still apply.

If you have any question concerning this memorandum, please contact myself (extension 150) or Mr. Dale Cavanaugh (extension 149) at (202) 219-8136.