October 11, 2006

Ms. Brandi DeCracker
21 East Main Street
Sodus, NY 14551

Dear Ms. DeCracker:

This letter is in response to your request of August 28, 2006, addressed to the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), regarding a fire truck operator's ability to safely respond during emergencies. Your letter has been referred to the Directorate of Enforcement Programs (DEP) for a response. You want to know whether Federal OSHA has any regulations that pertain to fire truck operators in a fire department.

Please be advised that Federal OSHA neither has regulations, nor jurisdiction, over State, municipal, or volunteer fire departments. Section (3)(5) of the Occupational Safety and Health Act of 1970 specifically excludes Federal OSHA's authority over employees of State and local government. The Act provides for States to assume responsibility for occupational safety and health programs under the State's own plan, which must be approved by the U.S. Department of Labor. Each State-plan must include coverage of public employees of the State, and it must be "at least as effective" as Federal OSHA's protection of private sector employees.

As you may know, the State of New York administers its own occupational safety and health program for public sector employees (Public Employee Safety & Health (PESH)) under a plan approved and monitored by Federal OSHA. States are required to have regulations that are, at least as effective as the federal standards, although they may be more stringent. Also, private sector employees in the State of New York are covered by Federal OSHA. In order to obtain New York's policy on this issue, you may direct your inquiry to:

Linda Angello, Commissioner
New York Department of Labor
W. Averell Harriman State Office
Building — 12, Room 500
Albany, New York 12240

Telephone: (518) 457-2746

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 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 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