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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 24, 2002
MEMORANDUM FOR: CHARLES E. ADKINS
REGIONAL ADMINISTRATOR
ATTENTION: STEVE CARMICHAEL
ASSISTANT REGIONAL ADMINISTRATOR FOR FEDERAL STATE OPERATIONS
FROM: RICHARD E. FAIRFAX, DIRECTOR
DIRECTORATE OF ENFORCEMENT PROGRAMS
SUBJECT: Inspection Guidance for Calculating the Number of Employees at an Inspection Site


This is in response to your August 15 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs (DEP). You are requesting guidance regarding calculating the size factor of an employer for inspection purposes.

Question: What are the procedures for Area Offices to follow when calculating an employer's size factor while conducting an inspection on high-hazard rated employers, who have had over ten employees at one time throughout the previous calendar year and, at the initiation of an inspection, the employers have less than ten employees?

Response: OSHA would continue the targeted inspection as planned. [The Field Operations Manual (FOM) clearly addressed the subject issue. According to the FOM, ""Size of employer" shall be calculated on the basis of the maximum number of employees of an employer at all workplaces nationwide, including State Plan States, at any one time during the previous 12 months."]

I hope you find this information useful. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

[Corrected 1/21/2009]
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