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.

December 27, 1989

MEMORANDUM FOR:   REGIONAL ADMINISTRATORS

THRU:             LEO CAREY, DIRECTOR
                 OFFICE OF FIELD PROGRAMS

FROM:             THOMAS J. SHEPICH, DIRECTOR
                 DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:          Policy Determination, U.S. Coast Guard; Military and
                 Uniquely Military Exemptions

The purpose of this memorandum is to reiterate OSHA's position concerning jurisdiction with regard to the U.S. Coast Guard. Attached is a copy of a letter issued by the Assistant Secretary on May 8, 1981, placing the Coast Guard under the exemption for "military and uniquely military" of Executive Order 12196, Section 1-101.

For your information, this issue surfaced when a Region V compliance officer responded to a complaint concerning asbestos in the engine room of the Coast Guard vessel Mackinaw. He was refused entry by the Coast Guard's claim to exemption as "military" personnel. The issue of "uniquely military" operations was not raised.

Attachment



May 8, 1981

Rear Admiral J. P. Stewart
Chief of Staff
U.S. Coast Guard
Washington, D.C. 20593

Dear Admiral Stewart:

This is in response to your March 9, 1981 letter requesting clarification of OSHA's policy with respect to the exemption of U.S. Coast Guard military personnel and military peculiar operations from Executive Order 12196 and 29 CFR 1960.

OSHA's Regional Administrators are being informed that, pursuant to 14 U.S.C. 1, January 20, 1915, the U.S. Coast Guard's military personnel and military peculiar operations are exempt from OSHA's coverage as specified in Sec. 1-101 of Executive Order 12196 and 29 CFR 1960.2 (g) and (i).

Our Regional Administrators are also being informed that OSHA's policy concerning civilian personnel and their industrial type workplaces, as defined by 29 CFR 1960.2 (i), is that both are subject to all of the provisions of Executive Order 12196 and 29 CFR 1960 on the same basis as all other civilian personnel and their workplaces within the Department of Transportation.

Sincerely,



Thorne G. Auchter
Assistant Secretary