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 31, 1984
Hamilton V. Bowser, P.E.
General Manager QNX, Incorporated
586 Central Avenue
East Orange, New Jersey 07018
Dear Mr. Bowser:
This is in response to your letter of November 26, 1984, in which you request a review of your EverX sign and state that a response to your February 2, 1983, inquiry was never received by you.
On March 16, 1983, Mr. Barry J. White, Director of Safety Standards Programs, dispatched a response to your February inquiry, a copy of which is enclosed.
In further response, the Occupational Safety and Health Administration (OSHA) deems any equipment regulated by our standards as being in compliance, if that equipment conforms to the specifics of the standard. Or if, as is the case with your signs, the equipment complies with the current applicable industry consensus standard, such as NFPA-101, and has no direct or immediate relationship to safety or health, it may be determined a de minimis violation, which requires no abatement and results in no penalty. We have enclosed a portion of our Field Operations Manual (CPL 2.45A) which superseded the OSHA Instruction CPL 2.11A.
Until such a time when our standards can be altered to accommodate new innovations recognized by the current consensus standards, OSHA will continue to use the de minimis violation category for the recognition of state of the art developments which either improve or do not affect employee safety and health.
If we may be of further assistance, please contact us.
Sincerely,
John B. Miles, Jr., Director
Directorate of Field Operations
Enclosures
November 26, 1984
Mr. Thorne Auchter
Assistant Secretary of Labor
Occupational Safety and
Health
200 Constitution Avenue, NW
Washington, DC 20210
Dear Mr. Auchter:
On February 2, 1983, I wrote to your office to request your review of our testing documents and a determination that our EverX Exit Sign meets OSHA standards. We have not yet received a response to our letter and are requesting that you review the matter again. For your information a copy of our earlier letter is enclosed, as well as copies of the report by Drs. John A. Reagan, P.E. and Larry C. Schooley, P.E., and a letter of November 18, 1982 from the National Fire Protection Association.
QNX, Inc. has been marketing the EverX sign successfully for more than a year, but both we and our customers would like the assurance that the sign meets OSHA standards. Very shortly we will be producing the EverX 120V exit sign unit in a steel box frame suitable for installation in a new construction site.
One of our consultants, Richard L. Klinker, P.E., Safety Consultant, had detailed discussions with Occupational Safety and Health Administration staff in the fall of 1982 regarding the EverX unit, and our letter to you was a followup of his efforts.
We are enclosing also an exploded view of the EverX unit and a brochure about the unit. We would be glad to forward to you any other information you require, and look forward to hearing from you.
Yours very truly,
Hamilton V. Bowser, P.E.
QNX Inc.
586 Central Avenue
East Orange, New Jersey 07018
February 2, 1983
Mr. Thorne Auchter
Assistant Secretary of Labor
Occupational Safety and
Health
200 Constitution Avenue, NW.
Washington, D.C. 20210
Dear Mr. Auchter:
We have developed an exit sign which will greatly conserve energy and which will greatly enhance the safety of workers. Our EverX Exit Sign has a ten year expected life, which far surpasses the 2000 hour life expectancy of most incandescent bulbs currently being used. This freedom of maintenance helps assure that EverX Exit Signs will be illuminated in the event of an emergency.
One of our prototype signs was tested by John A. Reagan, Ph.D., P.E., and Larry C. Schooley, Ph.D., P.E., who have done considerable work evaluating exit signs. Their report, dated June 11, 1982, (copy attached) was extremely favorable to our product. They made a few recommendations which we have incorporated into our present product. One important fact which they noted is that our sign is more than five times brighter than signs illuminated by radioactive material. These radioactive signs meet current OSHA Standards.
We presented our EverX Sign to the Subcommittee on Means of Egress for the Life Safety Code of the National Fire Protection Association. In answering our request for a formal Interpretation, the Subcommittee in their letter of November 18, 1982, (copy attached) allows the use of signs having the characteristics of EverX in both new and existing installations.
We ask that you review our documents and determine that our EverX Exit Sign meets OSHA Standards.
Sincerely yours,
Hamilton V. Bowser, P.E.
General Manager
QNX, Inc.
586 Central Avenue
East Orange, New Jersey 07018