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.

September 22, 1998

Linda M. King, Administrator
Florida Department of Labor and
Employment Security
Division of Jobs and Benefits
Alien Labor Certification
The Atkins Building, Room 110
P.O. Box 10869
1320 Executive Center Drive
Tallahassee, FL 32399-0667

Dear Ms. King:

This is in response to your August 13, telephone conversation and facsimile to Helen Rogers of my staff in which you requested an interpretation of §1910.142(b)(8).

You also attached to your facsimile a copy of the Housing Inspection Check List from the H-2A Program Handbook, published by the Employment and Training Administration (ETA) of the U.S. Department of Labor, which asks: "Are all windows and outside doors equipped with screens (standard 16 mesh material) and is the screen door equipped with a self-closing spring or similar device?" You ask if §1910.142(b)(8) requires all external doorways in temporary labor housing to be provided with screen doors, and if the ETA interpretation of this provision is correct.

Section 1910.142(b)(8) of Title 29 of the Code of Federal Regulations reads as follows:

(8) All exterior openings shall be effectively screened with 16-mesh material. All screen doors shall be equipped with self-closing devices.

The first sentence of the above provisions clearly states that all exterior openings shall be effectively screened with 16-mesh material. An exterior doorway would be considered an "exterior opening." The second sentence just adds that all screen doors shall have self-closing devices. Therefore, this provision §1910.142 does require screen doors on all exterior door openings.

If you have any questions, contact Helen Rogers of my staff at (202) 219-8031 x107.

Sincerely,

Richard Fairfax, Acting Director
Directorate of Compliance Programs