In the past couple of months OSHA has been rescinding LOIs and issuing new LOIs on PSM Retail Exemption and the 1% rule and at the top of these LOIs (posted online) is a “blanket statement” from OSHA that I find sort of humorous and sad at the same time…
“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“
Did you catch it? Look below I have highlighted the ironic part of their blanket statement…
“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“
Both of the LOIs OSHA has issued in the past couple of months are without a doubt creating “additional employer obligations”. OSHA evens admits to this in the LOIs because the are giving the “employers” time to meet these “additional employer obligations”.
Just saying, OSHA may need to read their disclaimer as I am sure this will be used in the court challenges that have to be around the corner.