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 6, 1991
MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS
FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Favorable Decision in National Engineering &
Contracting Co. and Meroe Contracting and
Supply v. OSHA, 6th Cir. No. 90-3080
On March 25, 1991, the Sixth Circuit issued a decision favorable to the Secretary in the above referenced case. This decision is significant because it approves OSHA's third-party-consent inspection practice and reaffirms that employers must comply with OSHA regulations even if they believe non-compliance is safe.
A copy of the decision has been enclosed for your review.
Attachment