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 17, 1978

Mr. D. L. Costagliola
Project Manager
Stone & Webster
Engineering Corporation
One Penn Plaza 250 West 34th Street
New York, NY 10001

Dear Mr. Costagliola:

This letter is in response to your letter dated June 27, 1978, concerning the British Standard material valves compliance with Occupational Safety and Health Administration standards. We were pleased to meet with you and your colleagues in my office on July 19, 1978, and thank you for the requested information accompanying your letter of August 4, 1978.

The British Standard material valves manufactured by Velan Engineering Co., LTD., appear to provide the equivalent safety as required in 29 CFR 1910.106(b)(1)(v)(b) of the General Industry Safety and Health Standards. Let me remind you, however, that a case-by-case inspection is necessary to substantiate that compliance with the steps you propose have brought you into substantial compliance with ASME requirements, and consequently also OSHA requirements, and that whatever minor variations found to exist do not have a direct immediate relationship to workplace safety and health. If this proves to be the case, then technical non-compliance would be viewed as a de minimis situation thereby obviating the need for an OSHA citation.

I hope this information will be of help. If I may be of further assistance, please feel free to contact me.

Sincerely,



John K. Barto, Chief
Division of Occupational
Safety Programming