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.

April 3, 1991

MEMORANDUM FOR:     R. DAVIS LAYNE
                   REGIONAL ADMINISTRATOR

FROM:               PATRICIA K. CLARK, DIRECTOR 
                   DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            Favorable Review Commission Decision, Secretary of
                   Labor v. Walker Towing Corporation Paducah River, Docket No. 87-1359

The Review Commission reversed Judge Salyer's decision and affirmed a serious violation of 1915.73(d) with a penalty of $480.00.

A copy of the decision is attached for your information and reference, if further litigation results from this decision.