August 1, 2000 

Mr. Donald J. Kemp

Hardy Construction Company
P.O. Box 1203
Billings, MT 59103 

Subject:  Scaffold Foundation and Competent Person Knowledge, Training and Inspecting, 1926.450,
1926.451(c)(1)(iii), 1926.451(c)(2), 1926.451(c)(2)(i), 1926.451(f)(3), 1926.451(f)(7) 

Dear Mr. Kemp: 

This is in response to your letter dated January 28, 2000, addressed to the Occupational Safety and
Health Administration requesting an interpretation of the scaffold standard, 29 CFR 1926 Subpart L.
Specifically, your questions deal with the following issues: what is considered a "firm foundation" for a
scaffold, and who is responsible for determining the adequacy of the foundation? 

Question 1: Section 1926.451(c)(2) states: "supported scaffold poles, legs, posts, frames, and uprights
shall bear on base plates and mud sills or other adequate foundation." OSHA's Directive Number CPL 2-
1.23 states: "A concrete slab would be considered a firm foundation, and therefore mud sills would not
be necessary." What is the definition of "other adequate foundation?" What are some of the other options
for providing an adequate firm foundation? 

Answer: An adequate foundation is one that, like base plates on mud sills, will prevent the scaffold from
settling into the ground. The purpose of the mud sill under the scaffold base plate is to uniformly
distribute the scaffold load over a larger area than that distributed by the base plate alone, thereby
reducing the loading on the ground beneath the base plates. The scaffold baseplates and mudsills
increase the area where the downward forces of the scaffold are transmitted. The scaffold load is
transferred from the uprights to the base plates and then to the mud sills or other adequate foundation
from the scaffold legs, which must show minimal or negligible settlement under a full scaffold loading to
be adequate. 

The standard recognizes that certain foundations may be of adequate firmness to support a scaffold
without the use of mud sills. Generally, the adequacy of a foundation to support a scaffold cannot be
determined in the abstract because of the numerous factors which may exist at a work site. Concrete is
the lone exception to this rule, which, because of its structural properties and strength, OSHA has
determined constitutes a firm foundation. 

Section 1926.451(c)(2)(i) goes on to require that: "footings shall be level, sound, rigid, and capable of
supporting the loaded scaffold without settling or displacement." The preamble to Subpart L (volume 61
of the Federal Register at page 46043, August 30, 1996) states: "Every scaffold must stand on a firm
footing if it is to withstand the load that employees, equipment and materials place on it." In short, an
adequate foundation is one that supports the load of the supported scaffold, materials and workers
without collapse or shifting of one component or the entire scaffold. 
Daily site conditions of scaffold footing can change with the temperature, rain, snow, etc. It is important
to plan the erection, use and dismantling of the scaffold to address all possible conditions including the
site's soil conditions. 

Question 2: Would soil compacted to 96 - 99.9% density, then frozen in the cold of winter be
considered adequate? What about cold asphalt paving (in winter)? Hot asphalt paving (in summer)?
Wood decking? Compacted gravel roads? 

Answer: As mentioned previously a site's conditions and soil types have varying degrees of load bearing
ability. Also, the load bearing ability of the materials you mention varies. Therefore, it is impossible to
provide exact answers under the conditions you propose because of the multitude of other variables that
may exist. We discuss some of the problems in each of your examples below. In all cases a competent
person must inspect and approve the foundation (daily).

a. Compacted Soils & Then Frozen - Compacted soils, as with all soils, swell and heave due to
moisture content or water contained within the soil. This creates a dangerous situation during
the freeze/thaw cycle (which can occur in the course of a day) causing the soil to swell or settle
and may not result in a level rigid footing. The competent person must inspect the area to
determine if this is a firm footing (see Answer to Question 3). Then this must be inspected when
conditions change, such as sunny conditions, warming temperatures, etc.
b. Cold asphalt paving (winter) - Asphalt has minimal compressive strength, even when cold, and
especially when applied. By itself it is not normally a useable foundation material.
c. Hot asphalt paving (summer) - This type of asphalt (top coat) is soft when placed and then
compacted with rollers. It is generally applied as a thin coat over a base coat and takes several
days to achieve its designed strength. Only the base coat gives the asphalt compressive
strength.1
d. Wood decking - This may lend itself for use as a foundation. However, an evaluation of the deck
for its maximum allowable loading would be required, since the decking or deck structure could
fail under a full scaffold load. The competent person would need to know the individual scaffold
base plate loading and if each one is below the maximum allowable deck loading. A light weight
supported scaffold could be used on wood decking when the competent person has determined
the structure would support the scaffold and its entire load.
e. Compacted Gravel Roads - This type of road surface may have adequate strength but the
material does not provide a smooth surface. Additionally, there is no material cohesion; during a
storm the material can wash away under the scaffold base plates.

In each of the examples cited, some type of settlement or displacement could occur when used without
mud sills. The foundation where the scaffold would be erected must be evaluated in the pre-job planning.
This determination is extremely important to the erection, use and dismantling of the scaffold. The
determination must be made by a competent person with the knowledge of the type of scaffold, the
expected live and dead loads, and the weather conditions for the area. 

Question 3: Who is responsible for determining whether a foundation is adequate? What qualifications
must that person have? 
Answer: Under §1926.451(c)(1)(iii), the employer must have a designated competent person make this
determination. A competent person is defined in §1926.450 as one who is capable of identifying existing
and predictable hazards in the surroundings or work in the surroundings or working conditions which are
unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective
measures to eliminate them. With respect to the adequacy of foundations, the competent person must be
knowledgeable about foundation surfaces and soils, and able to recognize conditions such as a soil wash
under a scaffold leg. 

Question 4: How do employees get to be competent to determine an adequate scaffold foundation? 

Answer: The competent person is designated by the employer and has the authorization to take prompt
corrective measures to eliminate hazards. In making that determination, the employer should inquire into
the individual's work credentials and experience. The preamble to Subpart L (volume 61 of the Federal
Register at page 46,059, Aug. 30, 1996) gives the following example of what is required to become a
"competent person" on scaffolding.
 A 'competent person' for the purpose of this provision must have had specific training in and be
knowledgable about the structural integrity of scaffolds as well as the degree of maintenance needed to
maintain them. The competent person must also be able to evaluate the effects of occurrences such as, a
dropped load, or a truck backing into a support leg that could damage a scaffold. In addition, the
competent person must be knowledgeable about the requirements of this standard. A competent person
must have training or knowledge in these areas in order to identify and correct hazards encountered in
scaffold work.
In the situation you have described, the competent person must be able to assess the load of employees,
equipment and materials placed on the scaffold's foundation. While an engineering degree is not a
prerequisite, that assessment normally requires some technical skills, and the competent person making
that determination would have to have those skills. 

If you need 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 

[Corrected 6/2/2005]