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November 4, 1993
MEMORANDUM FOR: ROGER CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
FROM: LINDA R. ANKU
REGIONAL ADMINISTRATOR
SUBJECT: LOCKED EXITS IN 1910 SUBPART E, RE: CHANGES TO SOURCE
NATIONAL CONSENSUS STANDARD
The purpose of this memorandum is to request formal guidance as to whether
it is a de minimus violation for exits to have a lock or fastening device
which will prevent free escape when there are less than 10 employees
occupying a building or structure. In the current Life Safety Code
"occupied" is defined as meaning there are 10 or more occupants in a building
or structure. This definition permits "unoccupied" buildings or structures
with less than 10 occupants to be locked in a manner that prevents free
escape.
There is confusion over this matter within OSHA. Some individuals believe
that because the Life Safety Code is the source standard for Subpart E (Means
of Egress) of the 1910 Standards, OSHA is bound by any changes within the
source standard. However, guidelines set forth in the FOM on OSHA's de
minimus policy do not seem to support such a position. Under the de minimus
policy, employers are permitted to comply with a current consensus standard
if compliance with the consensus standard clearly provides protection equal
or greater than that provided by compliance with the OSHA standard. Locking
exit doors when there are less than 10 employees in a building or structure
does not provide protection equivalent to or greater than compliance with
applicable OSHA standards (1910.36(b)(4) & 1910.37(k)) which require free
escape regardless of the number of occupants.
If you require any additional information regarding this issue, please
contact John McFee of my staff at (215) 596-1201.
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