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.

April 29, 1982

MEMORANDUM FOR:     DONALD D. MACKENZIE
                   REGIONAL ADMINISTRATOR

THRU:               JOHN B. MILES, JR., DIRECTOR
                   OFFICE OF FILED COORDINATION

FROM:               PATRICK B. TYSON
                   DIRECTOR, FEDERAL COMPLIANCE
                     AND STATE PROGRAMS

SUBJECT:  Standard Interpretation of 29 CFR 1910.266(c)(1)(ii)

REFERENCE:  Your Memorandum dated March 24, 1983, same subject.

The interpretation and policy applied to 29 CFR 1910.132(a) as mentioned in your memorandum should also be applied to 29 CFR 1910.266(c)(1)(ii). That is, the employer shall make the appropriate safety footwear available, but the issue of who is to pay for them is left to bargaining between the employer and employees.