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November 18, 1977

Mr. Howard Lawrencev
E.I.T. Corporation
Post Office Box 744
Sunbury, Pennsylvania 17501

Dear Mr. Lawrence:

Your letter to the Federal Trade Commission dated August 31, 1977 has been referred to me for a response.

As Mr. Barto, Chief, Division of Occupational Safety Programming indicated in his October 12, 1977 letter, only OSHA construction standards (29 CFR 1926.906(9)) specifically require the use of silver chloride dry cells as a power source for testing electric blast caps. OSHA General Industry Standards (29 CFR 1910.109(e)(4)(vii)) do not contain such a requirement. Moreover, to the extent that the Mining Enforcement and Safety Administration (MESA) has exercised jurisdiction in mines over the hazards which you have addressed, OSHA standards would not apply.

I am forwarding this letter to Dr. Bingham's office so that it will be made part of the record on the petition to amend the relevant construction standard.

Let me assure you that your comments will be carefully considered before any decision on this matter is reached.

Sincerely,



Benjamin W. Mintz
Associate Solicitor
for Occupational Safety and Health