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.

December 12, 1979

Mr. Michael G. May
Corporate Industrial Hygienist
RSR Corporation
1111 West Mockingbird Lane
Dallas, Texas 75247

Dear Mr. May:

Assistant Secretary Eula Bingham has asked me to respond to your letter dated November 26, 1979, requesting a temporary variance from Section 1910.1025(l)(1)(iii) Lead - Training Program, of the Occupational Safety and Health Standards.

We did advise you by letter dated September 12, 1979, of the importance of implementing the requirements of Section 1910.1025(l) not pertaining to Appendices A & B. Your only obligation concerning Appendices A & B as required by Section 1910.1025(l)(1)(i) is to inform your employees of their content. Section (q) of the regulation states that the Appendices are intended to provide information and are not intended to create any additional obligation not otherwise imposed.

It would appear from the statements made in your application concerning your employees' initial briefing describing safety and health, rules, need for medical examinations, the use of personal protective equipment and your continuing on the job training could be readily modified to discuss the Appendices to meet the requirements of Section 1910.1025(l)(i)(v). We would recommend that you complete this initial training as rapidly as possible to make your employees aware of the hazards associated with lead. You will meet the requirements of Section 1910.1025(l)(1)(v)(A) for those employees who have already received the initial training by providing them with a copy of Appendices A & B as published in the Federal Register dated October 23, 1979.

You are to be commended for the very extensive training program being developed for your employees. However, as stated above, it is critical that you indoctrinate your employees to the hazards of lead immediately as required by Section 1910.1025(l)(1)(v). Your very extensive or comprehensive training program when completed could be substituted and serve as the program at that time.

Based on the information in your application, a temporary variance does not appear to be necessary. Therefore, no further action will be taken on your application.

Employees and their authorized representatives shall be informed of this clarification in the same manner they were informed of your application for variance.

If I can be of further assistance, please contact my office at: (202) 523-7144.


James J. Concannon Director
Office of Variance Determination