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 8, 1991
Listings and Approvals Manager
777 Big Timber Road
Elgin, Illinois 60123
Dear Mr. Mueller:
Thank you for you letter dated March 26th, requesting a copy of the program directive on de minimis violations.
The original directive OSHA Instruction CPL 2.11A, was canceled April 11, 1983, by an OSHA Notice CPL 2. The de minimis policy was then incorporated into OSHA Instruction CPL 2.45A, The Field Operations Manual (FOM), dated April 18, 1983. As the FOM was revised, the policy remained intact.
Enclosed are pages from OSHA Instruction CPL 2.45B CH-1, The Revised Field Operations Manual (FOM), dated December 31, 1990, that reflects OSHA's current de minimis policy. Paragraph B.6.a.(2), page IV-35, addresses your specific concern regarding source standards.
The entire FOM can be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, should you so desire.
Thank you for your interest in safety and health.
Patricia K. Clark, Director
Directorate of Compliance Programs