On December 10, the Occupational Safety and Health Administration (OSHA) issued seven (7) new letters of interpretation focused on several OSHA standards, with some offering clarification on compliance questions that construction contractors may also have. The letters are in response to questions the agency received on the following OSHA rules:
- Permit Required Confined Space: Whether the confined space standard requires employers to drain water from pipes before entering for repairs, even when a hazard assessment shows no risk of rupture or leaks.
- Enforcement Stay of the COVID-19 Recordkeeping and Reporting Requirements under 29 CFR 1910.502: The enforcement status of OSHA’s COVID-19 reporting and recordkeeping requirements.
- Requirements Powered Industrial Truck Training Program Implementation: Whether an employee can demonstrate competence and knowledge in operating power industrial trucks via a live-streamed session.
- Software used to generate equivalent OSHA Forms 300 and 300A: If companies are permitted to use their own software-generated documents to replace OSHA Form 300 and Form 300A for recordkeeping.
- Engineering controls under the Benzene and 1,3-Butadiene standards: Whether installing bellow valves, leak-proof, or double-seal valves qualifies as engineering controls.
- Audiometric testing of a worker who may have a cochlear implant: How audiometric testing applies to workers using cochlear implants.
- Stair Angle and Tread Depth Requirements: Whether stair and tread angles of specific dimensions comply with OSHA’s standard on stairways.
This effort aligns with the Department of Labor’s (DOL) commitment to expanding compliance assistance and helping employers better understand their obligations under the OSH Act. On June 2, the DOL launched its opinion letter program across multiple agencies, including OSHA. Opinion letters provide official written interpretations from the department’s enforcement agencies, explaining how laws apply to specific circumstances.
Contact Kevin Cannon for more information.