- Record Type:OSHA Instruction
- Current Directive Number:CPL 02-00-164
- Old Directive Number:CPL 02-00-163
- Title:Field Operations Manual (FOM)
- Information Date:
|DIRECTIVE NUMBER: CPL 02-00-164|
|SUBJECT: Field Operation Manual (FOM) – Update, Chapter 17, Preemption by Other Agencies|
|DIRECTORATE/REGION: Directorate of Enforcement Programs|
|SIGNATURE DATE: December 22, 2022||EFFECTIVE DATE: January 23, 2023|
To provide OSHA offices, State Plan programs and federal agencies with policy and procedures concerning the enforcement of occupational safety and health standards. Also, the update to Chapter 17 – Preemption by Other Agencies, provides current information and ensures that occupational safety and health standards are enforced with uniformity.
See Chapter 17
This Chapter supersedes Chapter 17 in OSHA Instructions CPL 02-00-164, Field Operations Manual (FOM), issued April 14, 2020.
Notice of Intent and Equivalency required.
National, Regional, and Area Offices.
Directorate of Enforcement Programs (DEP).
Directorate of Enforcement Programs
Office of Chemical Process Safety and Enforcement Initiatives
200 Constitution Avenue, NW, N-3119
Washington, DC 20210
By and Under the Authority of
Douglas L. Parker
This Chapter updates enforcement policies and procedures for enacting the Occupational Safety and Health Act of 1970 (OSH Act). Congress recognized that other federal agencies possess authority over occupational safety and health matters in certain industries. To avoid a duplication of federal effort and to prevent conflict between different sets of regulations covering the same working condition, this Chapter provides guidance on OSHA jurisdictional matters.
Chapter 17 provides updates and clarification to the general principles of the Two-pronged test, types of agencies preempting OSHA, the exercise of statutory authority, forms of statutory exercise, and the provisions of the OSH Act subject to Section 4(b)(1).
|DIRECTIVE NUMBER: CPL 02-00-164||EFFECTIVE DATE: 04/14/2020|
|SUBJECT: Field Operations Manual (FOM)|
- To provide OSHA offices, State Plan programs and federal agencies with policy and procedures concerning the enforcement of occupational safety and health standards. Also, this instruction provides current information and ensures that occupational safety and health standards are enforced with uniformity.
- See Chapter 1, Section III.
- This Instruction supersedes OSHA Instructions CPL 02-00-163, Field Operations Manual (FOM), issued September 13, 2019.
- State Impact:
- Notice of Intent and Equivalency required. See Chapter 1, Section VI.
- Action Offices:
- National, Regional, and Area Offices.
- Originating Office:
- Directorate of Enforcement Programs (DEP).
- Director, Directorate of Enforcement Programs
U.S. Department of Labor – OSHA
200 Constitution Avenue, N.W., Room N-3119
Washington, DC 20210
By and Under the Authority of
Principal Deputy Assistant Secretary
This instruction provides current information and guidance to the Occupational Safety and Health Administration (OSHA) national, regional, and area offices concerning OSHA’s policy and procedures for implementing inspections, issuing citations and proposing penalties.
Significant Changes for 2020 Update
- Addition of Disclosure Under The Freedom Of Information Act (FOIA) Chapter 16.
- Chapter 16, explains the process and legal requirements for responding to requests under the Freedom of Information Act 5 U.S.C. § 552, (FOIA) for disclosure of records in Safety and Health inspection files and other OSHA records, excluding requests for whistleblower investigation files.
This manual is intended to provide instruction regarding some of the internal operations of the Occupational Safety and Health Administration (OSHA), and is solely for the benefit of the Government. No duties, rights, or benefits, substantive or procedural, are created or implied by this manual. The contents of this manual are not enforceable by any person or entity against the Department of Labor or the United States. Statements which reflect current Occupational Safety and Health Review Commission or court precedents do not necessarily indicate acquiescence to those precedents.
TABLE OF CONTENTS
- CHAPTER 1 - INTRODUCTION
- CHAPTER 2 - PROGRAM PLANNING
- CHAPTER 3 - INSPECTION PROCEDURES
- CHAPTER 4 - VIOLATIONS
- CHAPTER 5 - CASE FILE PREPERATION AND DOCUMENTATION
- CHAPTER 6 - PENALTIES AND DEBT COLLECTION
- CHAPTER 7 - POST-CITATION PROCEDURES AND ABATEMENT VERIFICATION
- CHAPTER 8 - SETTLEMENTS
- CHAPTER 9 - COMPLAINT AND REFERRAL PROCESSING
- CHAPTER 10 - INDUSTRY SECTORS
- CHAPTER 11 - IMMINENT DANGER, FATALITY, CATASTROPHE, AND EMERGENCY RESPONSE
- CHAPTER 12 - SPECIALIZED INSPECTION PROCEDURES
- CHAPTER 13 - FEDERAL AGENCY FIELD ACTIVITIES
- CHAPTER 14 - HEALTH INSPECTION ENFORCEMENT POLICY
- CHAPTER 15 - LEGAL ISSUES
- CHAPTER 16 - DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT (FOIA)
- CHAPTER 17 - PREEMPTION BY OTHER AGENCIES