March 10, 2006 Jamie Stevenson James Construction 243 E. Main Street, Suite 203 Carnegie, PA 15106 Re: Whether the notification required in §1926.752(a)(1) (attained concrete strength) must be given where steel will be erected on a long-existed concrete slab. Dear Mr. Stevenson: This is in response to your May 19, 2005 e-mail to John McFee of the Occupational Safety and Health Administration (OSHA), which was forwarded to the Directorate of Construction. We apologize for the delay in responding. We have paraphrased your question as follows: Question: Structural steel columns are going to be erected as part of a rehab and expansion project. The columns will be anchored to a concrete slab that was poured years ago when the original structure was built. In this scenario, does the controlling employer have to provide the steel erector with the written concrete strength notification required by §1926.752(a)(1)? Answer: In the steel erection standard, 29 CFR 1926.752 states:
Approval to begin steel erection.attained
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The term “attained,” in conjunction with alternative measures of strength described in the provision (either 75% of the intended minimum compressive design strength or sufficient strength to support the loads imposed during steel erection), refers to a point in the curing process of concrete. This is also reflected in the discussion of this provision in the final rule’s preamble, which states: The preamble to §1926.752(a) states:
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In the scenario you describe, the curing process was completed years before the new steel erection is to begin. Consequently, in this scenario, a failure to provide the notification under §1926.752(a)(1) would be considered a de minimis violation.1 If you need any additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail. Sincerely, Russell B. Swanson, Director Directorate of Construction
1 Under OSHA’s de minimis policy, de minimis violations are those that have no direct or immediate relationship to safety or health. Consequently, no ciation is issued. [ back to text ]
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