Nov 02, 2018
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
FROM: KIMBERLY STILLE, Acting Director
Directorate of Enforcement Programs
SUBJECT: Enforcement Policy for Respiratory Hazards Not Covered by OSHA Permissible Exposure Limits
As you are aware, Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act) is occasionally used to cite respiratory hazards from exposure to an air contaminant that is not covered by an OSHA permissible exposure limit (PEL). This memorandum serves to clarify existing Agency enforcement policy for developing these citations.
Specifically, Section 5(a)(1) of the OSH Act requires each employer to “furnish to each of his employees’ employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” As explained in the OSHA Field Operations Manual (FOM) (CPL 02-00-160), when enforcing this requirement, the Occupational Safety and Health Review Commission and court precedent have determined that the following elements must be established in order for OSHA to prove a violation of the general duty clause: