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• Status: Archived

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 21, 1990

MEMORANDUM FOR:     GERARD F. SCANNELL
                   ASSISTANT SECRETARY

FROM:               PATRICIA K. CLARK DIRECTOR
                   DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            OSHA Instruction CPL 2.51E Revision
This instruction revision addresses the exemptions and limitations in the Appropriation Act, Public Law 101-166, dated November 21, 1989, regarding OSHA funding.

The exemptions and limitations that are maintained from previous fiscal years include:

1. Farming operations which do not maintain a temporary labor camp and employ ten or fewer employees,

2. Work activity related to recreational hunting, shooting or fishing,

3. Employers with ten or fewer employees who are included within a category having an occupational injury lost workday case rate less than the national average rate published by the Secretary through the Bureau of Labor Statistics. The same exceptions are also continued as in previous years.

Significant deletions from the Act include prohibitions against:

1. Assessing penalties for first instance other-than-serious violations unless ten or more violations were cited,

2. Assessing penalties for other-than-serious violations against employers who have ten or fewer employees, who have requested consultation and have acted to implement the consultants advice,

3. Scheduling or conducting certain State Plan Monitoring visits,

4. Enforcing the OSH Act with respect to certain activities occurring on the outer continental shelf. However, Section 4(b)(1) of the Act continues to restrict OSHA's authority regarding working conditions regulated by the Coast Guard.

We request that you sign the enclosed Instruction CPL 2.51E for issuance to the field.


Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.


Standard Interpretations - Table of Contents Standard Interpretations - (Archived) Table of Contents