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.
August 26, 2008
Mr. Stephen C. Yohay
Ogletree Deakins
2400 N Street, N.W., Fifth Floor
Washington, DC 20037
Dear Mr. Yohay:
Thank you for your December 5, 2007 letter, written on behalf of Edison Electric Institute (EEI), requesting a meeting to discuss the Combustible Dust National Emphasis Program (NEP), CPL 03-00-006, issued on October 18, 2007, and a letter of interpretation issued by the Occupational Safety and Health Administration, dated October 10, 2007, to Mr. Ken Erdman, IBEW Local 245, regarding underground pad-mounted transformers. Per your request, we held a meeting on January 14, 2008 to discuss the questions presented in your letter.
As you may know, subsequent to our meeting, the NEP was revised and reissued on March 11, 2008. The revised NEP is available on the Occupational Safety and Health Administration's (OSHA's) web site at http://www.osha.gov/OshDoc/Directive_pdf/CPL_03-00-008.pdf.
If you have any remaining questions please contact my office.
Thank you for your interest in occupational safety and health.
Sincerely,
Richard E. Fairfax, Director
Directorate of Enforcement Programs