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.

January 23, 2004

 

 

MEMORANDUM FOR: REGIONAL ADMINISTRATORS
STATE DESIGNEES
 
FROM: R. DAVIS LAYNE
Deputy Assistant Secretary
 
SUBJECT: Appendix A to CPL 02-00-051, Enforcement Exemptions and Limitations under the Appropriations Act

 


OSHA traditionally revises Appendix A of CPL 02-00-051 (formerly numbered CPL 2-0.513), Enforcement Exemptions and Limitations under the Appropriations Act, in accordance with the latest Bureau of Labor Statistics (BLS) lost workday injury (LWDI) data to update the list of exempt industries in Standard Industrial Classification (SIC) codes having an LWDI rate below the national, private sector rate. However, this year the appendix cannot be updated due to changes in OSHA's recordkeeping rule that affect the manner in which BLS reports occupational injuries.

In view of the revised recordkeeping rule, the LWDI rate specified in the Appropriations Act is no longer published by BLS. Rather, BLS now publishes the Days Away from Work, Restriction, or Job Transfer (DART) rate, which also includes illnesses. The relevant Appropriations Act language specifically requires use of the most recent LWDI rate, as published by BLS. Steps are being taken to advise Congress of the changes in the published rates, but, until the Appropriations Act language is changed, OSHA is obligated to use the 2001 LWDI data. Thus, in planning and conducting inspections, OSHA Area Offices should continue to use the information contained in Appendix A, effective date, January 7, 2003.

If you have any questions please contact Helen Rogers in the Office of General Industry Enforcement (202) 693-1850.