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.

February 28, 1984

Mr. M. T. Bohlman
Director
Development & Engineering
Sea-Land Service, Inc.
P. O. Box 1050
Elizabeth, New Jersey 07207

Dear Mr. Bohlman:

This is response to your letter of February 9, requesting a clarification of 29 CFR 1917.45(b)(3).

The intent of 29 CFR 1917.45(b)(3) is to make certain that an adequate design review occurs to ensure the safety of employees exposed to crane or derrick. The subject standard does allow the use of original foreign manufacturers when their services are available.

If we can be of further assistance, please let me know.

Sincerely,



John B. Miles, Jr., Director
Directorate of Field Operations