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.
MAR 16 1990
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
ATTN: 11(C)/405 REGIONAL SUPERVISORS
THRU: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS
FROM: PATRICIA K. CLARK DIRECTOR DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Secretary's Order 1-90 dated January 30, 1990
Attached is a copy of the Secretary's Order which was published in the Federal Register on March 9.
The Order delegates additional authority and responsibilities to the Assistant Secretary, Occupational Safety and Health to administer and enforce other whistleblower statutes under Section 405 of the Surface Transportation Assistance Act of 1982, Section 211 of the Asbestos Hazard Emergency Response Act and Section 7 of the International Safety Container Act.
If you have any questions about this matter please do not hesitate to call Thomas J. Buckley, Director, Office of 11(c)/405 Programs, telephone 8-523-8095.
Thank you for your cooperation.
SECRETARY'S ORDER 1-90
Subject: Delegation of Authority and Assignment of responsibilities for Occupational Safety and Health Programs
1. Purpose. To update the delegation of authority and assignment of responsibilities for conducting safety and health programs.
2. Directive Affected. Secretary's Order 9-83 is canceled.
3. Background. The Occupational Safety and Health Act of 1970, other Acts listed in 4a (1) below, and Executive Order 12196 provide authority and assign responsibility to the Secretary of Labor for safety and health programs. Section 405 of the Surface Transportation Assistance Act (STAA) authorizes the Secretary of Labor to investigate and adjudicate complaints filed by certain employees alleging they have been discharged or discriminated against for taking certain actions in connection with commercial motor vehicle safety and health. Section 211 of the Asbestos Hazard Emergency Response Act (AHERA) and Section 7 of the International Safe Container Act (ISCA) authorize the Secretary of Labor to investigate and bring an action in an appropriate United States district court in cases where employees have been discharged or discriminated against for taking actions protected by these statutes. Since these protections are similar to the provisions of Section 11(c) of the Occupational Safety and Health Act of 1970, the Assistant Secretary for Occupational Safety and Health, pursuant to this Order, is delegated authority for administering Section 405 of STAA, Section 211 of AHERA, and Section 7 of ISCA, as well.
4. Delegation of Authority and Assignment of Responsibilities
a. The Assistant Secretary for Occupational Safety and Health, is delegated authority and assigned responsibility for:
(1) administering the safety and health programs and activities of the Department of Labor (DOL) under:
(h) Executive Order 12196.
Act of 1986.
to safety and health provisions of any other Federal statutes except those related to mine safety and health, the issuance of child labor hazardous occupation orders, and DOL employee safety and health which are administered pursuant to Secretary's Orders 3-78; 1-89; 1-88 respectively.
(2) Serving as Chairperson of the Federal Advisory Council on Occupational Safety and Health, as provided for by Executive Order 12196.
(3) Coordinating Agency efforts with those of other officials or agencies having responsibilities in the occupational safety and health area.
legal advice and assistance to the Secretary and all offices of the DOL relating to the delegations of authority referenced and applicable laws, Executive Orders, and regulations.
authority and assigned responsibility for:
(1) Furthering the purpose of the Occupational Safety and Health Act by developing and maintaining an effective program of collection, compilation, analysis, and publication of occupational safety and health statistics consistent with the provisions of Secretary's Order 4-81; 1-88; and 1-89 respectively.
(2) Making grants to states or political subdivisions thereof in order to assist them in developing and administering programs dealing with occupational safety and health statistics under Sections 18, 23, and 24 of the Occupational Safety and Health Act.
(3) Coordinating the above functions with the Assistant Secretary for Occupational Safety and Health.
5. Reservation of Authority. The following functions are reserved to the Secretary:
a. Submission of reports and recommendations to the President and the Congress concerning the administration of the statutes and Executive Orders listed in paragraph 4a above.
b. The commencement of legal proceedings under the statutes listed in paragraph 4a above. The Solicitor of Labor will determine in each case whether such proceedings are appropriate and may represent the Secretary in civil litigation as authorized by law.
6. Redelegation of Authority. The Assistant Secretary for Occupational Safety and Health, the Solicitor of Labor, and the Commissioner of Labor Statistics may redelegate authority delegated in this Order.
7. Effective Date. This Order is effective immediately, and with respect to Section 405 of STAA, Section 211 of AHERA, and Section 7 of ISCA, shall apply to any action arising subsequent to the date of enactment of the STAA, AHERA, and ISCA.