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.
March 18, 1991
MEMORANDUM FOR: R. DAVIS LAYNE REGIONAL ADMINISTRATOR FROM: PATRICIA K. CLARK, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS SUBJECT: Favorable Review Commission Decision Sec. v. Penrod's Palace, OSHRC Docket No. 88-1078
The Review Commission in their January 15th ruling, affirmed the willful violation against Penrod's Palace. Penrod's challenged Judge Brady's issuance of a default judgment against them for their failure to respond to the Secretary's complaint. The Commission found that the judge did not err in dismissing Penrod's Notice of Contest.
This memorandum is being forwarded in an effort to keep the field appraised of the Review Commission's actions.
A copy of the Review Commission's decision is available from the Office of General Industry Compliance Assistance, Safety Guidance Development section by telephoning Don Kallstrom on FTS 523-8031.