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 15, 1991

The Honorable David B. McBride
State of Delaware Senate
Legislative Hall
Dover, Delaware 19903

Dear Senator McBride:

Thank you for your inquiry of April 4, concerning the health and safety of employees who work in a State building housing the Justice of Peace Courts 7 and 16 in Dover, and which is infested with termites.

According to the information that we received from your assistant Valarie Metselar over the telephone, the State building has State employees as well as private sector employees. The Occupational Safety and Health Act of 1970 does not grant the Occupational Safety and Health Administration (OSHA) jurisdiction over State employees; however, any private sector employees exposed to State building deteriorated structural conditions would be covered by OSHA.

Your letter will be forwarded to the OSHA Philadelphia Regional Office to be processed as a complaint. If you have or need any additional information please contact the Philadelphia Regional Office at the following address:

U.S. Department of Labor - OSHA
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, Pennsylvania 19104

Telephone: 215-579-4955

If we may be of further assistance, please feel free to contact us.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance