U.S Department of Labor Assistant Secretary for
Occupational Safety and Health Washington, D.C.
OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991 Office of General Industry
SUBJECT: Page Changes to OSHA Instruction CPL 2.92
A. Purpose. This instruction transmits page changes to OSHA Instruction CPL
2.92, Subject: Memorandum of Understanding (MOU) between the Employment
Standards Administration, Wage and Hour Division, (ESA/WH) and the
Occupational Safety and Health Administration, U.S. Department of Labor,
dated February 28, 1991.
B. Scope. This instruction applies OSHA-wide.
C. Action. Replace existing pages with the attached CH-1 pages as follows:
Existing Pages Replacement Pages
D. Significant Changes.
1. Guidelines (Page 5). Correct the IMIS code provided for tracking
referrals related to child labor issues.
2. Guidelines (Pages 5). Clarifies that referrals received from
ESA/WH under this MOU are considered Safety and Health Agency Referrals as
defined in the Revised Field Operations Manual (FOM), Chapter IX,
Gerard F. Scannell Assistant Secretary
DISTRIBUTION: National, Regional and Area Offices All Compliance
Officers NIOSH Regional Program Directors 7(c)(1) Project Managers OCIS
OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991
Directorate of Compliance Programs
referral form is found in OSHA Instruction ADM 1-1.12B, the
Integrated Management Information System (IMIS) Forms Manual, Chapter XV. The
OSHA-90 shall then be forwarded to the appropriate ESA/WH Regional
Administrator or District Director.
g. In order to track activity related this MOU, the Area Director
shall enter the following IMIS Codes, as appropriate, on the OSHA-90, Block
14e, and/or Block 25c.
(1) Wage hour division - 1108.
(2) Child labor issues - 1148. 1109
h. The Area Director shall evaluate all referrals received from
ESA/WH (Form WH-24) and take appropriate action in accordance with OSHA
Instruction CPL 2.45B, the Revised Field Operations Manual (FOM), Chapter IX,
NOTE: Referrals received from ESA/WH under this MOU are
considered to be Safety and Health Agency Referrals as defined in the FOM,
Chapter IX, B.2.b.(2).
i. The Area Director shall monitor the progress of actions taken
on the referrals and send the results of any inspection conducted in the
response to the referral to the Regional Administrator with a copy to the
appropriate ESA/WH Regional Administrator.
j. OSHA Regional Administrators shall meet periodically (at least
annually) with their ESA/WH counterparts to report on the progress of actions
taken on the referrals received from ESA/WH, and determine where improvement
to the system may be necessary.
k. An evaluation of the MOU, covering the period January 1 through
December 31, shall be made each year by the Regional Administrator and a
summary shall be submitted to the Directorate of Compliance Programs by
February 1, which includes, as a minimum, the following elements:
o The number of referrals received from ESA/WH. o The
number of inspections conducted based on the referrals.
o The number of serious citations issued.
OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991 Directorate of Compliance Programs
o The number of referrals sent to ESA/WH. o The number
of referrals sent to ESA/WH that involved child labor
o A narrative describing where improvements to the system
may be necessary.
3. Explain the substance of the MOU to State designees in
State plan States.
a. Regional Administrators shall assists State designees in
establishing personal contracts between State agencies and ESA Regional
b. Questions regarding coordination between ESA/WH and OSHA State
designees should be resolved at the local level in accordance with the terms
of the agreement, and existing law and policy.
c. Coordination matters that cannot be decided at the local level
shall be referred promptly by the State designees to the appropriate OSHA
Regional Administrator for transmittal through the Office of Field Programs,
to the appropriate OSHA directorate for assistance in solving the
d. State designees shall be requested to keep the Regional
Administrator informed of any problems and the resolutions thereof negotiated
by ESA/WH and the State. The Regional Administrator shall forward information
on such State/ESA decisions to the Directorate of Compliance
Gerard F. Scannell Assistant Secretary
DISTRIBUTION: National, Regional and Area Offices State Designees ESA/WH
*U.S. Government Printing Office: 1991- 282-118/20065 6