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.
May 22, 1989
The Honorable Nick J. Rahall, II
Member, United States House of Representatives
815 Fifth Avenue
Huntington, West Virginia 25701
Dear Congressman Rahall:
This is in response to your correspondence of March 13, addressed to former Assistant Secretary John A. Pendergrass, on behalf of your constituent, Mr. Michael K. Hewlett, concerning the adoption of an Occupational Safety and Health Administration (OSHA) standard requiring the use of a flagman to direct in-plant locomotive movement.
Federal OSHA enforces the general duty clause (Section 5(a)(1) of the Occupational Safety and Health Act) as may be necessary in cases involving in-plant locomotive operations. Under Section 5(a)(1), observed hazardous circumstances which would result in serious injury to, or the death of, an employee are cited. Such cited circumstances require corrective action by the employer thereby eliminating further employee exposure. Corrective actions may include: (1) the installation of effective remote sensors mounted upon the locomotive which would shut down the system should an obstruction appear on or along the tracks, or (2) the use of a safety observer in addition to the operator, or (3) the absolute prohibition of locomotive operations in occupied areas.
State Plan States either apply the identical provisions described above or required more demanding ones. States may impose specific standards more stringent than Federal requirements, but must impose requirements at least as effective as the Federal.
Mr. Hewlett's letter will be referred to the [Directorate of Standards and Guidance] for appropriate action. In this regard, we appreciate the recent accident and injury data which was sent to us by your constituent and would like to encourage him to transmit any other such information, should it become available.
Thank you for your interest in safety and health in the workplace.
Sincerely,
Alan C. McMillan
Acting Assistant Secretary
[Corrected 10/22/2004]