• 01/23/2023 - Field Operation Manual (FOM) – Update, Chapter 17, Preemption by Other Agencies

OSHA NOTICE

ABSTRACT

By and Under the Authority of

Douglas L. Parker 
Assistant Secretary

Executive Summary

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.

Significant Changes

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).

OSHA INSTRUCTION

ABSTRACT

Purpose:

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.

Scope:

OSHA-wide.

References:

See Chapter 1, Section III.

Cancellations:

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).

Contact:

Director, Directorate of Enforcement Programs 
U.S. Department of Labor – OSHA 
200 Constitution Avenue, N.W., Room N-3119 
Washington, DC 20210 
202-693-1850

By and Under the Authority of

Loren Sweatt 
Principal Deputy Assistant Secretary

Executive Summary

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.

Disclaimer

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.

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