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 12, 1985

Honorable Beverly B. Byron
Member, United States House of Representatives
10 E. Church Street
Frederick, Maryland 21710

Dear Congresswoman Byron:

This is in response to your inquiry of March 19, on behalf of Mr. W.B. Rose, President of Rose Lease, Inc., of Frederick, Maryland, concerning Occupational Safety and Health Administration (OSHA) standards for blasting and use of explosives.

The two regulations, 29 CFR 1926.905 (h) and (k), are being enforced as they are written in the test of the standards, as noted in our clarification on this subject issued in a memorandum dated October 30, 1984 (copy enclosed).

Any employer or employee involved with construction blasting may write to us to comment on the interpretation or enforcement of our regulations. We have received no other correspondence from employers or our field staff expressing problems regarding either the standards 29 CFR 1926.905 (h) and (k) or the October 30, 1984, clarification. A public hearing regarding 29 CFR 1926.905 (h) and (k), as requested by Mr. Rose, therefore appears unwarranted at this time.

OSHA's Directorate of Safety Standards Programs is aware of Mr. Rose's concern in this matter, and will give every consideration to his point of view when Subpart U of our regulations is reviewed in the future.

If we may be of further assistance, please let us know.

Sincerely,



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

Enclosure



March 4, 1985

Honorable Beverly B. Byron
Member, United States House of Representatives
10 E. Church Street
Frederick, MD 21701

Dear Congresswoman Byron:

Thanks for your letter of 22 February, 1985, stating that I should feel free to request further assistance.

It is possible to restate all the reasons why OSHA regulations 29 CFR 1926.905 (h) and (k) are wrong. Mr. John B. Miles Jr., Director of Field Operations, would deny them.

The only way to settle the difference between the regulations as written and the interpretations by Mr. Bruce Hillenbrand, Deputy Director, Federal Compliance and State Programs, is to have a public review of these regulations which has never been done since they were adopted, June 1974.

I am requesting your help to have a public hearing on 29 CFR 1926.905 (h) and (k) so that all companies and people involved with construction blasting may testify to the validity of these two regulations.

Very truly yours,



W. B. Rose, President