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 https://www.osha.gov.

March 20, 1974

Mr. C. M. Westerman
Senior Vice President
Warner Insurance
4210 Peterson Avenue
Chicago, Illinois 60646

Dear Mr. Westerman:

This letter is in response to your request of February 12, 1974, as to who would be cited under certain floor loading situations. A recent opinion by the Associate Solicitor for Occupational Safety and Health is the basis for the following.

The relationship of a building owner and a tenant is that of "lessor" and "lessee."

The tenant's employees are his responsibility, and under Section 5(a)(2) of the Occupational Safety and Health Act of 1970, he is required to provide a place of employment which meets the requirements of paragraph (d) of 1910.22.

The situation you describe where a building owner refused to assist the tenant in evaluating and posting the areas he occupied is between "lessor" and "lessee."

The employer of the employees who are exposed to a recognized hazard would be cited in the event of an inspection.

Your interest in safety and health is greatly appreciated. If I may be of further assistance, feel free to contact me.


Barry J. White
Associate Assistant Secretary
for Regional Programs