The following process will be used for requesting an official interpretation of a requirement contained in the EM 385-1-1, USACE Safety and Health Requirements manual. Other DOD Components must submit their requests for interpretations through their chain of command.
Unofficial requests for interpretations/clarifications of requirements from local SOHOs may be made via email or telephone. However, answers provided via this mode will be considered general guidance, not official interpretations.
USACE-SO will NOT accept requests for official interpretations from parties outside the USACE structure.
1. Official requests for interpretation and all responses shall be in writing.
2. Requester must specifically identify the requirement for which an interpretation is being sought and must provide the exact citation and quote the requirement in question. A separate request must be made for each requirement.
3. Requester must state the source of confusion regarding the requirement.
4. Requester must provide all information necessary to understand context in which requirement is being applied.
5. Requester must provide his interpretation of the requirement and rationale.
6. Every effort shall be made to clarify the requirement at the lowest possible level.
a. Requester shall work the request for interpretation with the local USACE Command Safety and Occupational Health Office. A Contractor must request interpretation of a requirement from the field office under which they work who will then coordinate with the local Command SOHO to provide a response. The local SOHO must then render a written interpretation of the requirement within 5 working days of receipt.
b. If either the field office or the requester is not satisfied with this response, either may appeal their position in writing to the Division SOHO. The entire package containing the requester’s, and the local SOHO’s interpretation, rationale, and supporting information shall be sent to the Division SOHO who shall render a written response to the local SOHO within 5 working days of receipt.
c. If requester, the field office, or local SOHO is not satisfied with the Division SOHOs response, they may appeal it to the USACE-SO for final resolution. All of the information sent to the Division, the interpretation, rationale, and supporting information shall be provided. Within 5 working days of receipt, USACE-SO will provide a written interpretation to the Division SOHO for dissemination and it shall be final.
7. Interpretations apply ONLY to the specific time and the context in which the requirement is being applied. They may not be used as precedents to determine future applications of the requirement. USACE-SO will make the proper notifications if an interpretation may be applied globally.