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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.
January 14, 1994
Mr. Charles P. Reina
1023 Hickory Street
Scranton, Pennsylvania 18505
Dear Mr. Reina:
This is in further response to your letter of November 18, 1993 to Secretary Robert B. Reich requesting information about coverage and posting requirements under the Occupational Safety and Health Act of 1970 (the Act).
The Occupational Safety and Health Administration (OSHA) does not have jurisdiction over State and local government employees (firemen and policemen). If, however, a State administers its own occupational safety and health program, in accordance with Section 18 of the Act, the State must cover State and local employees. Twenty-three States and two territories cover State and local government employees under a plan approved and monitored by OSHA. These States are: Alaska, Arizona, California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, and Wyoming.
Employers must post the Occupational Safety and Health notice (the poster), as stated in Section 1903.2(a) of Title 29 of the Code of Federal Regulations. As the regulations state, the employer must post a notice (to be furnished by OSHA) to inform employees of the protections and obligations provided under the Act. The notice also informs the employees that for assistance and information, including copies of the Act and specific safety and health standards, employees should contact the employer or the nearest OSHA office.
In accordance with Executive Order 12196, issued February 26, 1980, and 29 CFR Part 1960, military personnel and uniquely military equipment systems and operations are specifically excluded from OSHA coverage.
You also requested a copy of an OSHA form GPO: 1993 O-355-763 QL3. This number is the Government Printing Office's print number and not an OSHA form number, but since this number appears at the bottom of the OSHA poster (OSHA 2203) a copy of the OSHA poster is enclosed.
In the future, for a quicker response, you may wish to contact our Philadelphia Regional office for copies of forms and publications.
U.S. Department of Labor - OSHA
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, Pennsylvania 19104
Telephone: (215) 596-1201
Thank you for your interest in occupational safety and health.
Roger A. Clark, Director
Directorate of Compliance Programs