Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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.

May 6, 1991

MEMORANDUM FOR:     ALL REGIONAL ADMINISTRATORS

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

SUBJECT:            Favorable Decision in National Engineering &
                   Contracting Co. and Meroe Contracting and  
                   Supply v. OSHA, 6th Cir. No. 90-3080

On March 25, 1991, the Sixth Circuit issued a decision favorable to the Secretary in the above referenced case. This decision is significant because it approves OSHA's third-party-consent inspection practice and reaffirms that employers must comply with OSHA regulations even if they believe non-compliance is safe.

A copy of the decision has been enclosed for your review.

Attachment

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.