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 13, 1991

MEMORANDUM FOR:     LINDA R. ANKU
                   REGIONAL ADMINISTRATOR

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

SUBJECT:            Unfavorable Review Commission Decision - Secretary of
                   Labor v. Tudor's Body Shop, Docket No. 88-0462

The Review Commission affirmed the Administrative Law Judge's decision which vacated the citation on March 25, 1991. Even though the Commission agreed with the Secretary that the reason given by the judge for vacating the citation was not consistent with precedent, they concluded that the Secretary failed to establish applicability of 29 CFR 1910.107(b)(5)(iv) standard.

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

Attachment