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.
June 11, 1993
Ms. Shirley A. Creed
4832 Eagle Street
Metairie, Louisiana 70001
Dear Mr. Creed:
This is an interim response to your letter of March 31 addressed to Janet Reno, Attorney General of the United States, regarding alleged activities at the Avondale Shipyard in Avondale, Louisiana. Your letter was forwarded by the U.S. Department of Justice to the U.S. Department of Labor, Occupational Safety and Health Administration for evaluation of possible violations of matters within our jurisdiction.
We are currently reviewing your letter and when that review is completed, we will promptly contact you with our findings.
Thank you for your patience.
Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs
May 21, 1993
Mr. David C. Ziegler
Acting Assistant Secretary
Occupational Safety and Health
Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Room S-2315
Washington, D.C. 20210
Dear Mr. Ziegler:
This office is referring to you, for whatever action you deem appropriate, correspondence received from a Mrs. Shirley Creed regarding the Avondale Shipyard (Shipyard), located in Metairie, Louisiana. Although Mrs. Creed herself does not allege any workplace and safety violations regarding the Shipyard, there are various letters from workers enclosed with her letter alleging such potential violations. A copy of our response to Mrs. Creed is also enclosed.
If you have any questions, you may contact me at telephone (202) 514-3666. I hope this information will be useful to you.
Sincerely,
Paul E. Coffey
Chief, Organized Crime and
Racketeering Section
Ms. Shirley A. Creed
4832 Eagle Street
Metairie, Louisiana 70001
Dear Ms. Creed:
This is in response to your letter dated March 31, 1993, to Janet Reno, Attorney General of the Untied States, regarding the allegedly illegal activities involving person connected to the Avondale Shipyard, located in Avondale, Louisiana. You allege, among other things, that the President of the Avondale Shipyard (the Shipyard), along with local law enforcement authorities, have conspired to incarcerate your husband (Harold "Dick" Creed) on the basis of unfounded allegations in retaliation for his attempts to unionize the workers at the Shipyard. You also allege possible fraud regarding an employee stock ownership plan established by the Shipyard. You also attached correspondence from workers indicating actual and potential workplace and safety violations at the Shipyard.
Because your letter does not disclose sufficient facts which indicate that a violation of the federal criminal law governing labor-management relations and employee pension and welfare benefit plans may have occurred, this office is unable to pursue your inquiry further. However, in view of your allegations regarding potential illegal activity by local law enforcement officials, we have referred your inquiry to the U.S. Department of Justice's Public Integrity Section which supervises Federal criminal statues involving public corruption. If you have more specific information concerning these activities, you may send such information to the local office of the Federal Bureau of Investigation in your community.
We have also referred a copy of your letter and enclosures to the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the Pension and Welfare Benefits Administration (PWBA) for their review. If you have any further information regarding potential safety or employee benefit violations, you may send such information, respectively, to David C. Ziegler, Acting Assistant Secretary-OSHA, 200 Constitution Ave., N.W., Room S-2315, Washington, D.C. 20210, or Bruce Ruud, Area Director, PWBA Dallas Area Office, 525 Griffin Street, Room 707, Dallas, Texas 75202.
Sincerely,
Paul E. Coffey
Chief, Organized Crime and
Racketeering Section