October 4, 2006

Mr. Rich Bordwell
10866 Washington Blvd. #424
Culver City, CA 90232

Dear Mr. Bordwell:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) which we received on August 10, 2006. You had questions regarding the construction of flame-resistant (FR) apparel that would comply with the requirements in OSHA's Electric Power Generation, Transmission, and Distribution standard, 29 CFR §1910.269. You also requested that OSHA register your company as an approved FR clothing embroiderer. Your paraphrased inquiry and our response follow.

Question: What OSHA standards apply to the embroidery of FR clothing?

Response: OSHA's standard at Section 1910.269(l)(6)(iii) requires that employees, who are exposed to flames or electric arcs, wear clothing that doesn't increase the extent of any injury sustained by the employee. That provision does not specify the construction methods or materials (including the embroidery) of the clothing, but it does list fabrics, including blends, that are prohibited (e.g., acetate, nylon, polyester, rayon) unless the employer can prove that the clothing made of these fabrics is worn in such a manner as to eliminate the hazard involved. We suggest that you also refer to the performance specifications for FR clothing in ASTM Standard 1506-02ae1, Standard Performance Specification for Flame Resistant Textile Materials for Wearing Apparel for Use by Electrical Workers Exposed to Momentary Electric Arc and Related Thermal Hazards. See ASTM International's website at http://www.astm.org.

OSHA does not formally test and approve or "register" particular products or services. You may wish to contact a nationally-recognized testing laboratory (NRTL) for information on product approval. See also OSHA's website at http://www.osha.gov/dts/otpca/nrtl.

As you may know, the State of California administers its own occupational safety and health program under a plan approved and monitored by Federal OSHA. Therefore, employers in the State of California must comply with State occupational safety and health requirements. As a condition of plan approval, States are required to adopt and enforce occupational safety and health standards that are at least as effective as those promulgated by Federal OSHA. If you would like further information regarding California's occupational safety and health requirements, you may contact the California Department of Industrial Relations at:

Mr. John Rea, Acting Director
California Department of Industrial Relations
1515 Clay St., Suite 1901
Oakland, CA 94612
(415) 703-5050
(415) 703-5058 FAX

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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 employee 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 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