|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
May 29, 1990
||THOMAS H. SEYMOUR Acting Regional Administrator|
||LEO CAREY, Director|
Office of Field Programs
||BRUCE HILLENBRAND, Director|
[Directorate of Cooperative and State Programs]
||State of Iowa CASPA - Request for Interpretation Relative to Coverage Under the Act|
This is in response to the memorandum of March 7, from Sandra J. Taylor, former Acting Regional Administrator, requesting an interpretation on the coverage under the Act relating to a CASPA filed under the Iowa State plan.
This request was referred to the [Directorate of Enforcement Programs] for an interpretation. Attached is the response from that office indicating how OSHA would treat such a case if it were under OSHA's jurisdiction. In summary, it states that violent behavior toward employee(s) would fall under the General Duty Clause, Section 5(a)(1) of the OSHAct. The hazard is recognized and restraining patients while the doctor performs the dental work appears to be a reasonable method of abatement.
If you have any additional questions on this subject, please contact [the Directorate of Enforcement Programs at 202 693-2100].
I hope this information will be helpful in responding to the Iowa CASPA.