|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.|
September 17, 1993
||ALL REGIONAL ADMINISTRATORS|
||ROGER A. CLARK, DIRECTOR|
DIRECTORATE OF COMPLIANCE PROGRAMS
||LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS|
||Clarification of OSHA Policy on Employer Abatement Assistance|
The purpose of this memorandum is to expand upon Occupational Safety and Health Administration (OSHA) policy as described in the [Field Inspection Reference Manual (FIRM), Chapter II, paragraph A.4.f.], Employer Abatement Assistance. Brand names shall normally not be specified when giving abatement assistance for compliance with OSHA's safety and health standards. This is a general prohibition which is intended to avoid the appearance of favoring one brand over another.
As noted in the disclaimers of paragraph [A.4.f.(2)(c) of the FIRM], the employer is responsible for selecting and carrying out an effective abatement method. A CSHO may express an opinion on whether a specific product, identified by the employer by brand name, would contribute to compliance with OSHA safety and health standards for a particular workplace application. This opinion may be offered only in the following context:
- The CSHO has knowledge obtained directly through his or her work experience or indirectly through reliable safety and health sources that the brand name product has been used satisfactorily in similar workplace applications;
- The CSHO points out that other brand name products (not to be specified) may also contribute to compliance with OSHA safety and health standards for the particular workplace application.
- The CSHO informs the employer of the disclaimers in paragraph [A.4.f.(2) of the FIRM].
This policy amplification will be incorporated, by future change, in the [FIRM]. Please distribute copies of this memorandum to the State Plan States.