Standard Interpretations - Table of Contents

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. February 8, 1993 MEMORANDUM FOR: OSHA Directors, OSHA Regional Administrators FROM: JAMES F. FOSTER Director [Office of Public Affairs] SUBJECT: Misleading and Inaccurate Advertising For a number of years, my office has referred to the Federal Trade Commission (FTC) for appropriate action advertisements that improperly state a product or service is "approved by," "certified by," or "recommended by" OSHA. Typically, FTC notifies the advertiser of our complaint and the advertiser either corrects or withdraws the offending advertisement. We have had great success when ads state that a product or service is "OSHA approved." When there is only an implication of our approval, or when the advertiser simply states, "our product (service) meets standards," there is nothing we or FTC can do. In such cases, the employer purchasing the product or service is on his or her own and must personally judge whether the claim is correct. Recently, we have been asked whether ads that use "OSHA" as part of the advertiser's company name can be referred. Since OSHA is not a copyright term, and merely is the abbreviation for our agency, we can do little or nothing to correct the misleading impression. In another type of instance, advertisers make claims that purchasing their training program will "satisfy OSHA's requirements under the xxxxx standard." Such statements may or may not be worth pursuing, depending on the standard. For example, no bloodborne pathogen training package can, standing totally alone, satisfy the standard's training requirements because of the elements of training required that relate specifically to each particular workplace. I bring these matters to your attention so you will be aware there is a mechanism for referrals to the FTC through my office. Should you have any questions on this issue, feel free to contact [the Office of Public Affairs at 202 693-1999]. [Corrected 10/22/2004]

Standard Interpretations - Table of Contents