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.
April 25, 2000
James E. Vaughan, President
Today's Resources, Inc.
5690 Clyde Moore Drive
Groveport, OH 43125
Dear Mr. Vaughan:
Thank you for your February 21, 2000 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Compliance Programs. You requested review and approval of a training protocol addressing water ride safety and rescue for employees and guests at an amusement park.
OSHA cannot give approval to any particular product or service, including training protocols such as the one outlined in your letter. OSHA's general industry standards, which cover occupational safety and health matters for employees working at amusement parks, do not specifically address training of employees in the area of water rescue. Please note, however, that under Section 5(a)(1) of the Occupational Safety and Health Act, employers may have a general duty to provide for employee safety if they perform water rescue as part of their job function.
It is difficult, if not impossible, to render an opinion as to the adequacy of the training program described in your letter without an on-site evaluation. OSHA Consultation is a free source of information and technical assistance for small and medium sized businesses with no more than 250 employees and is available to employers in all fifty states. As such, we would recommend that you contact the Consultation Service in your area for the assistance you are requesting. A pamphlet describing the program and listing the addresses and phone numbers for all fifty states is enclosed for your perusal.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. Please be aware that OSHA's enforcement guidance is subject to periodic review and clarification, amplification, and correction. Such guidance could also be affected by subsequent rulemaking. In the future, should you wish to verify that the guidance herein remains current, you may consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the [Office of General Industry Enforcement at 202-693-1850].
Sincerely,
Richard E. Fairfax, Director
Directorate of Enforcement Programs
[Corrected 10/22/2004]