May 6, 1991
MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS
FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Favorable Decision in National Engineering &
Contracting Co. and Meroe Contracting and
Supply v. OSHA, 6th Cir. No. 90-3080
On March 25, 1991, the Sixth Circuit issued a decision favorable to the
Secretary in the above referenced case. This decision is significant because
it approves OSHA's third-party-consent inspection practice and reaffirms that
employers must comply with OSHA regulations even if they believe
non-compliance is safe.
A copy of the decision has been enclosed for your review.