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.

June 15, 1992

Mr. Ronald V. Ludlow
Corporate Manager
Industrial Hygiene Affairs
Thiokol Corporation
2475 Washington Boulevard
Ogden, Utah 84401-2398

Dear Mr. Ludlow:

Thank you for your letter of March 5, addressed to Acting Assistant Secretary Dorothy Strunk, concerning the application of the Occupational Safety and Health Administration's (OSHA) standard, "Process Safety Management of Highly Hazardous Chemicals" with respect to the manufacture of explosives and pyrotechnics.

Specifically, you stated that the manufacture of explosives and pyrotechnics for government agencies is tightly controlled by DoD and the customer agency. You inquired if OSHA would consider these manufacturers as being under the jurisdiction of another federal agency and therefore exempt from the process safety standard.

OSHA would not consider contractor-owned contractor-operated (COCO) munitions facilities to be under the jurisdiction of another federal agency because these agencies have not exercised regulatory authority over worker protection in a manner sufficient to preclude OSHA coverage under section 4(b)(1) of the Occupational Safety and Health Act of 1970. Consequently, COCO manufacturers of explosives and pyrotechnics for government agencies would not be exempt from the process safety standard.

I hope this information will be of assistance to you.

Sincerely,



Roger A. Clark
Director, Directorate of
Safety Standards Programs