Jun 15 1988
||JOHN A. PENDERGRASS Assistant Secretary|
||Cooperation in State or Local Criminal Prosecutions|
This memorandum provides guidance to the field on OSHA's
cooperation with State and local government entities undertaking criminal
prosecutions in cases where employees have been killed or injured on the job.
Please share this policy with the State plan States in your
OSHA supports all efforts to encourage occupational safety and
health and to this end will cooperate in State or Local prosecutions to the
fullest extent appropriate. This policy of cooperation shall not be
construed, however, as a statement of OSHA policy regarding the legal
question of preemption which remains a complex issue to be resolved by the
courts when raised by an affected party.
When you receive a request for records from State or local
officials, you shall consult with the Regional Solicitor regarding the
possible effect of a State or local prosecution on any pending or potential
Federal case, criminal or civil. This consultation is also necessary to
protect the integrity of the files, whether open or closed, from disclosure
to other persons.
Further, as part of this cooperation, the following procedural
principles shall be followed:
a. Notify the Director of Field Programs of such State and
local prosecutions, who will in turn coordinate with the Directors of
Compliance Programs and of Federal State Operations and the National Office
Please provide a copy of this memorandum to the State designees
in your Region. If you have any questions, please contact Sandy Taylor on
b. Coordinate any response with the Director of Field
Programs and the Regional Solicitor in those cases where the testimony or
written opinion of an OSHA official is requested. (Department of Labor
guidelines set forth in 29 CFR Part 2, Subpart C, Employees Served with
Subpoenas must be followed).