1926.451(e)(9): Safe Access While Erecting Scaffolds
Employers must provide safe access for each employee erecting or dismantling a supported scaffold where feasible and not a greater hazard, as a competent person decides. Hook-on or attachable ladders must go in as soon as erection allows. Tubular welded end frames with parallel, level members not more than 22 inches apart may be climbed if they form a usable ladder, but cross braces may not be used for access.
Key takeaways
- 1926.451(e)(9) is part of OSHA's construction standards (29 CFR Part 1926, Subpart L).
- OSHA cited it 38 times in the last 3 years, in 38 inspections, with $87,295 in current penalties.
- Most citations: PA (4), NY (4), FL (3).
- Related part: 1926.451(e) Access (918 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.451(e)(9) is one requirement inside 1926.451 General requirements, an OSHA construction standard (Part 1926, Subpart L). It includes 4 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(9) Effective September 2, 1997, access for employees erecting or dismantling supported scaffolds shall be in accordance with the following: 38 citations
(i) The employer shall provide safe means of access for each employee erecting or dismantling a scaffold where the provision of safe access is feasible and does not create a greater hazard. The employer shall have a competent person determine whether it is feasible or would pose a greater hazard to provide, and have employees use a safe means of access. This determination shall be based on site conditions and the type of scaffold being erected or dismantled. Open (e)(9)(i) 11 citations
(ii) Hook-on or attachable ladders shall be installed as soon as scaffold erection has progressed to a point that permits safe installation and use. Open (e)(9)(ii) 1 citations
(iii) When erecting or dismantling tubular welded frame scaffolds, (end) frames, with horizontal members that are parallel, level and are not more than 22 inches apart vertically may be used as climbing devices for access, provided they are erected in a manner that creates a usable ladder and provides good hand hold and foot space. Open (e)(9)(iii) 1 citations
(iv) Cross braces on tubular welded frame scaffolds shall not be used as a means of access or egress. Open (e)(9)(iv) 23 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.451.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 2 |
| 2024 | 16 |
| 2025 | 12 |
| 2026 | 8 |
Top states: PA (4), NY (4), FL (3), GA (3), MA (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| JOSE CALLE | PHILADELPHIA, PA | $11,585 |
| JMP CONSTRUCTION SOLUTIONS INC | VALRICO, FL | $5,958 |
| SJ CONSTRUCTION SERVICES, LLC | HOUMA, LA | $4,729 |
| PUMA CONSTRUCTION, LLC | DENHAM SPRINGS, LA | $4,634 |
| RANGEL CONSTRUCTION AND SERVICES LLC | LUBBOCK, TX | $4,018 |
Free toolbox talk
A 5-minute crew talk on 1926.451(e)(9), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Use of portable ladders on tank builder's scaffolds during scaffold dismantling process in construction. (2004-01-22)
- Clarification of requirements for construction scaffold erection/dismantling; safe means of access; blocks for two-point suspension scaffolds. (2002-01-02)
- Fall protection and access for scaffold erecting and dismantling. (1997-12-04)
Related parts of this rule
- 1926.451(e) Access 918 citations
- 1926.451(e)(1) 787 citations
- 1926.451(e)(8) 28 citations
- 1926.451(e)(5) 26 citations
- 1926.451(e)(5)(i) 23 citations
- 1926.451(e)(9)(iv) 23 citations
- 1926.451(e)(4) 16 citations
- 1926.451(e)(6) 11 citations
- 1926.451(e)(9)(i) 11 citations
- 1926.451(e)(2) 9 citations
- 1926.451(e)(6)(i) 7 citations
- 1926.451(e)(2)(iii) 4 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Who decides if safe access is feasible during scaffold erection?
A competent person, based on site conditions and the type of scaffold being erected or dismantled.
Can I climb the end frames of a frame scaffold?
Yes, if the horizontal members are parallel, level and not more than 22 inches apart vertically, and are erected to create a usable ladder with good hand hold and foot space.
Can cross braces be used to climb?
No. Cross braces on tubular welded frame scaffolds shall not be used as a means of access or egress.
About this page
Sources
- 29 CFR 1926.451 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.