|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.|
February 10, 1993
||OSHA DIRECTORS, OSHA Regional Administrators|
||JAMES F. FOSTER Director,|
[Office of Public Affairs]
This memo is to serve as a reminder of policies long in place in OSHA concerning whether the agency will review and approve products of private sector vendors.
Typically, a private sector company will ask an OSHA staff member to review a proposed publication, video tape production, or other product for technical accuracy. The company usually accompanies its request with statements such as, "it is in OSHA's best interests to be certain our product is accurate so that employers using it will be in compliance."
It is indisputable that it is in OSHA's best interests, but when approached, OSHA staff always must make certain that requesters understand:
When a requester agrees to these conditions, whether a particular OSHA element will review a particular product becomes strictly a local resource policy issue. As a matter of practice, therefore, it would be logical that we commit to such reviews only for the most meritorious requests (e.g. where anticipated distribution will be extensive assisting greatly in outreach in a new agency program area). I will be glad to discuss any issues in this regard with any OSHA staff person.
- OSHA can not provide such reviews in every instance;
- when OSHA does agree to provide such reviews, it must be only as time permits - we can make no promises on completion dates;
- we provide such reviews only with the written assurance from the requester that no mention will be made of our review in any advertising or promotional material; and
- the product itself can in no way reflect OSHA review.