The meaning of standards can only be modified through the rulemaking process, not through a letter of interpretation.
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.
June 2, 2004
John G. Thompson
2305 Grouper Drive
Marathon, FL 33050
Dear Mr. Thompson:
This is in response to your May 11, 2004 letters to Secretary of Labor Elaine Chao and Assistant Secretary John L. Henshaw of the Occupational Safety and Health Administration (OSHA). You requested that OSHA revisit its May 3, 2004 interpretation of 29 CFR 1926.1053(b)(7).