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| Standard Number: | 1903.2(a)(1) |
November 5, 2014
Edwin G. Foulke, Jr.
1075 Peachtree Street, NE Suite 3500
Atlanta, Georgia 30309
Dear Mr. Foulke:
This letter is in response to your letter to the Occupational Safety and Health Administration (OSHA). This letter was forwarded to OSHA's Directorate of Enforcement Programs for response. You had a question about our electronic posting requirements and how it fits in accordance to 29 CFR Section 1903.2(a)(1).
This letter constitutes OSHA's interpretation only of the requirements discussed below and may not be applicable to any question not delineated within your original correspondence. Your scenario, question and our reply follow.
Scenario: An employer is placing television monitors in all of its employee break rooms. The employer intends to post Company required information and information of importance to the employees on these monitors. These monitors would continually post different information until all messages had been shown and then would restart from the beginning on a continuous loop. It has been found that the employees do not read information posted on the company bulletin board but will watch the information shown on the television monitor. The employer would like to post OSHA required notices as part of the information presented and would maintain a copy of the notice and the Act in the Human Resources Department. Also, there would be a notice on the monitors that copies of all documents shown on the monitors are available in the Human Resources Department.
Question: Would OSHA endorse the employer's method of continually looping OSH related information on television monitors?
Response: The scenario you presented does not meet the requirements of 1903.2(a)(1). Under this standard, OSHA required notices must be readily available and accessible to all employees at all times.
In addition to the notices intermittently displayed on the monitors, we suggest that physical copies of all notices be posted in the break room near the monitor or in another conspicuous location. 29 CFR Section 1903.2(a)(1) states:
"...each employer shall post and keep posted a notice or notices, to be furnished by the Occupational Safety and Health Administration, U.S. Department of Labor, informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should contact the employer or the nearest office of the Department of Labor. Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material."
Thank you for your interest in occupational safety and health. We hope you find this information helpful. Our interpretation letters explain these requirements and how they apply to particuloar circumstances. 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 https://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Enforcement Programs at (202) 693-2100.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs