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.

October 8, 1991

Mr. David A. Donaldson
Project Superintendent
BE & K Construction Company
P.O Box 7000
LaPlace, Louisiana 70069-7000

Dear Mr. Donaldson:

This is in response to your letter of July 30 requesting a compliance interpretation concerning the use of Maxon-CS-0520-HD VHF transceivers. Please accept our apology for the delay in responding.

Apparently, your employees are using transceivers in workplace applications for which Occupational Safety and Health Administration (OSHA) standards require "approved" equipment as defined in 29 CFR 1910.399. Maxon certification of the aforementioned transceivers as intrinsically safe based on testing by the National Consumer Testing Institute, Inc., is noted. However, the National Consumer Testing Institute, Inc., application to be a nationally recognized testing laboratory (NRTL) is being considered by OSHA for accreditation. An employer who uses equipment, such as the Maxon CS-0520-HD VHF transceivers, which are tested by a laboratory before being recognized as a NRTL, is in violation of OSHA standards which specify "approved" equipment.

We appreciate your interest in employee safety and health. If we can be of further assistance, please do not hesitate to contact us.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs