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 19, 1992

MEMORANDUM FOR:     REGIONAL ADMINISTRATORS
 
THROUGH:            LEO CAREY, DIRECTOR
                    OFFICE OF FIELD PROGRAMS
 
FROM:               PATRICIA K. CLARK, DIRECTOR
                    DIRECTORATE OF COMPLIANCE PROGRAMS
 
SUBJECT:            Federal Highway Administration Contract Language
                    (Inspection - Right of Entry)

Attached is a copy of a letter dated July 15, 1992, from the U.S. Department of Transportation (DOT), Federal Highway Administration regarding OSHA's authority on federally funded highway projects.

This is in direct response to your request for explicit guidance as to OSHA inspection rights on federally funded highway projects. As you will note, DOT agrees to include language in its Form 1273 which will make clear OSHA's right to conduct inspections of federally funded highway projects. Until such time as this form is revised, the July 15 letter shall serve in the interim as OSHA authorization to enter the subject jobsites, if needed. This letter should be included with all appropriate file documentation.