Conflict between requirements of 1910.252 and 1910.146
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 https://www.osha.gov.
July 30, 1993
Ms. Julie A. Emmerich
Frank L. Pellegrini
Law Offices
701 Market Street,
Suite 390
Gateway One on the Mall
St. Louis, Missouri 63101
Dear Ms. Emmerich:
Thank you for your letter of July 6, in which you requested our opinion of an apparent conflict between the requirements of 1910.252(b)(4)(iv) and an example contained in Appendix C of the recently promulgated Occupational Safety and Health Administration (OSHA) standard on Permit-Required Confined Spaces (1910.146).