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 22, 1999

Mr. Mark D. Katz
Ulmer & Berne LLP
Attorneys at Law
Bond Court Building
1300 East Ninth Street, Suite 900
Cleveland, Ohio 33113-1583

Dear Mr. Katz:

Thank you for your letter of March 26 regarding 29 CFR §1926.1129, OSHA's coke oven emissions standard for employers engaged in construction. We acknowledged in earlier correspondence with you that this standard is invalid. We explained that in 1995, during the removal and revision of out-dated or duplicative standards, this section was inadvertently missed and so remains in the Code of Federal Regulations.

We will be taking the following corrective steps: (1) we will remove 29 CFR §1926.1129 from OSHA's Internet web site; (2) the standard will be deleted from Part 1926 of the Code of Federal Regulations, and (3) we will formally notify OSHA field offices that §1926.1129 is not to be enforced.

I appreciate your taking the time to inquire about this issue.

Sincerely,

Charles N. Jeffress
Assistant Secretary