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.
June 21, 1990
MEMORANDUM FOR: GERARD F. SCANNELL ASSISTANT SECRETARY FROM: PATRICIA K. CLARK DIRECTOR DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS SUBJECT: OSHA Instruction CPL 2.51E Revision
This instruction revision addresses the exemptions and limitations in the Appropriation Act, Public Law 101-166, dated November 21, 1989, regarding OSHA funding.
The exemptions and limitations that are maintained from previous fiscal years include:
1. Farming operations which do not maintain a temporary labor camp and employ ten or fewer employees,
2. Work activity related to recreational hunting, shooting or fishing,
3. Employers with ten or fewer employees who are included within a category having an occupational injury lost workday case rate less than the national average rate published by the Secretary through the Bureau of Labor Statistics. The same exceptions are also continued as in previous years.
Significant deletions from the Act include prohibitions against:
1. Assessing penalties for first instance other-than-serious violations unless ten or more violations were cited,
2. Assessing penalties for other-than-serious violations against employers who have ten or fewer employees, who have requested consultation and have acted to implement the consultants advice,
3. Scheduling or conducting certain State Plan Monitoring visits,
4. Enforcing the OSH Act with respect to certain activities occurring on the outer continental shelf. However, Section 4(b)(1) of the Act continues to restrict OSHA's authority regarding working conditions regulated by the Coast Guard.
We request that you sign the enclosed Instruction CPL 2.51E for issuance to the field.