Appeal's court rules that modular housing assembly will be regulated as manufacturing. | Occupational Safety and Health Administration

Standard Number:

1926

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.

October 1, 1987

MEMORANDUM FOR:  REGIONAL ADMINISTRATORS

FROM:            LEO CAREY, DIRECTOR
                 Office of Field Programs

SUBJECT:         Appeal's Court Decision

Attached is decision of the Court of Appeals for the Sixth Circuit vacating a decision by the Review Commission which involved the manufacture of modular housing units. The issue was whether or not the employer was engaged in manufacturing or construction. The Court decided this was appropriately manufacturing since it wasn't done as part of or on a construction site.