Review of Policy on Section 4(b)(1) of the Act

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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 10, 1989

 

 

Jurisdiction and health risks for airport baggage x-ray scanning units and walk-through metal detectors.

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 9, 1989

Mr. Gene Simpson
Post Office Box 1596
Lahaina 96767
Maui, Hawaii

Dear Mr. Simpson:

This is in response to your letter to the Occupational Safety and Health Administration (OSHA) requesting information as to whether "anyone is monitoring the possible harmful effects that may be caused by exposure to rays emitted from airport scanning devices". Your letter was forwarded to the Directorate of Technical Support for reply.

Classifying self-elevating lift boats and enforcement responsibility.

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.

March 7, 1986

Mr. Jim Burnett
Chairman
National Transportation Safety Board
Office of the Chairman
Washington, D.C. 20594

Dear Mr. Burnett:

This is an update of our January 2, response to your letter of December 17, 1985 regarding Safety Recommendation M-85-116.

DOT has jurisdiction of the trucking industry

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.

January 13, 1992

The Honorable Guy Vander Jagt
House of Representatives
Washington, D.C. 20515

Dear Congressman Vander Jagt:

Thank you for your letter of December 20, 1991, on behalf of your constituent, Mrs. Helen Forbes, who is seeking information on the law requiring drug testing for long distance truck drivers.

Federal Highway Administration Contract Language (Inspection-Right of Entry).

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.

August 19, 1992

MEMORANDUM FOR:     REGIONAL ADMINISTRATORS
 
THROUGH:            LEO CAREY, DIRECTOR
                    OFFICE OF FIELD PROGRAMS
 
FROM:               PATRICIA K. CLARK, DIRECTOR
                    DIRECTORATE OF COMPLIANCE PROGRAMS
 
SUBJECT:            Federal Highway Administration Contract Language
                    (Inspection - Right of Entry)

Attached is a copy of a letter dated July 15, 1992, from the U.S. Department of Transportation (DOT), Federal Highway Administration regarding OSHA's authority on federally funded highway projects.

Jurisdiction over Tank Car Drivers and Helpers.

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.

February 6, 1990

 

 

Motor vehicle accidents are not within OSHA's jurisdiction

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.

January 13, 1992

[Name Withheld]

Dear [Name Withheld]:

This is in response to your letter of December 18, 1991, in which you informed us of the death of your son-in-law, [Name Withheld], on August 27, 1991, at the Elm Grove, Louisiana railroad crossing by a freight train owned by the Kansas City Southern Railroad. In your letter, you also wanted to know why the Occupational Safety and Health Administration (OSHA) "tolerates" the rail braking system on the train, and why the speed of the trains are not regulated.

Jurisdiction over tanks of malodorant gas.

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.

December 21, 1990

Mr. John A. Knoll,
Sales Manager
Natural Gas Odorizing, Inc.
3601 Decker Drive
Post Office Box 1429
Baytown, Texas 77522-1429

Dear Mr. Knoll:

This is in response to your letter of June 18, in which you raised the question of jurisdiction over tanks of malodorant gas. I apologize for the delay in responding to your inquiry.

Inspection conducted by OSHA at the Greater Pittsburg Internation Airport. FAA Jurisdiction

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.

November 14, 1990

The Honorable Arlen Specter
United States Senate
Washington, D.C. 20510

Dear Senator Specter: