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Occupational Safety & Health Administration |
Standard Interpretations
12/27/1989 - Policy determination on military and uniquely military exemptions for the U. S. Coast Guard. |
Standard Interpretations - Table of Contents |
Standard Number: | 1960.2 |
December 27, 1989 MEMORANDUM FOR: REGIONAL ADMINISTRATORS THRU: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS FROM: THOMAS J. SHEPICH, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS SUBJECT: Policy Determination, U.S. Coast Guard; Military and Uniquely Military ExemptionsThe purpose of this memorandum is to reiterate OSHA's position concerning jurisdiction with regard to the U.S. Coast Guard. Attached is a copy of a letter issued by the Assistant Secretary on May 8, 1981, placing the Coast Guard under the exemption for "military and uniquely military" of Executive Order 12196, Section 1-101.
For your information, this issue surfaced when a Region V compliance officer
responded to a complaint concerning asbestos in the engine room of the Coast
Guard vessel Mackinaw. He was refused entry by the Coast Guard's claim to
exemption as "military" personnel. The issue of "uniquely military"
operations was not raised.
Rear Admiral J. P. Stewart Dear Admiral Stewart: This is in response to your March 9, 1981 letter requesting clarification of OSHA's policy with respect to the exemption of U.S. Coast Guard military personnel and military peculiar operations from Executive Order 12196 and 29 CFR 1960. OSHA's Regional Administrators are being informed that, pursuant to 14 U.S.C. 1, January 20, 1915, the U.S. Coast Guard's military personnel and military peculiar operations are exempt from OSHA's coverage as specified in Sec. 1-101 of Executive Order 12196 and 29 CFR 1960.2 (g) and (i). Our Regional Administrators are also being informed that OSHA's policy concerning civilian personnel and their industrial type workplaces, as defined by 29 CFR 1960.2 (i), is that both are subject to all of the provisions of Executive Order 12196 and 29 CFR 1960 on the same basis as all other civilian personnel and their workplaces within the Department of Transportation.
Sincerely,
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Standard Interpretations - Table of Contents |
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