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.
January 16, 1990
Mr. William G. Shields
Anderson, Parkerson and Shields Law Offices
P.O. Box 7439
Richmond, Virginia 23221
Dear Mr. Shields:
This is in response to your letter of December 26, 1989, which requested that the Occupational Safety and Health Administration (OSHA) respond to a letter dated October 31, 1989, addressed to the Food and Drug Administration. We received your request in this office on January 3. You requested information relating to three products--a machine known as a Snorklift, and Ingersolrand (highway compactor), and a Delta Tilting Arbor saw manufactured by Rockwell Manufacturing Company.
OSHA workplace inspection case files are indexed and accessed by employer names. OSHA does not maintain records indexed and accessed by such identifiers as product/type of machine or parts thereof/manufacturer/model number, process or substance that may have been involved in workplace injury or illness. We are, therefore, not able to provide you with the information you seek regarding these three products.
If you have not already done so, you may wish to contact the Consumer Product Safety Commission for any assistance they may be able to provide you at the address shown below:
Freedom of Information Act
Office Consumer Product Safety Commission
1111 Eighteenth Street, N.W.
Washington, D.C. 20207
In regard to the machine known as a Snorklift, you mentioned that your client came in contact with one in a Newport News shipbuilding dry dock yard. It is possible, if the incident was reported to OSHA, that an investigation was made which resulted in OSHA conducting an inspection. However, before we can process your request we need additional information from you:
1. Since OSHA workplace inspection case files are indexed and accessed by employer names, we need to know the name of your client's employer, the location, and the date at the time the incident occurred.
2. The nature of your client's work; e.g., Snorklift operator, maintenance, etc.
Upon receipt of the additional information, we will refer the request to the OSHA Regional Office within whose jurisdiction your client's employer is located. They will ensure that appropriate action is taken.
Search and copying fees will, of course, depend on the volume of records provided. The Area Office handling your request will inform you of the total amount of fees, if applicable.
Thomas J. Shepich, Director
Directorate of Compliance Programs