['Sanitation']
['Sanitation']
09/26/2024
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Enjoli DeGrasse
Deputy Director, Industrial Initiatives
International Brotherhood of Teamsters
25 Louisiana Ave N.W.
Washington, DC 20001
Dear Enjoli DeGrasse:
This is in response to your March 18, 2024, letter to the Occupational Safety and Health Administration (OSHA) in which you ask for clarification on OSHA's authority to enforce sanitation standards, specifically pertaining to railroad track employees or roadway maintenance groups that are working along railroad tracks.
Question: Do OSHA's sanitation requirements apply to railroad track employees and roadway maintenance groups that are working along the tracks?
Answer: Yes. Under section 4(b)(1) of the Occupational Safety and Health Act (OSH Act), "nothing in this Act shall apply to working conditions of employees with respect to which other Federal Agencies […] exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health." 29 USC 653(b)(1). The Federal Railroad Administration (FRA) regulates railroad track work but has not promulgated regulations regarding sanitation facilities for roadway workers or other employees engaged in track or other work along a railroad's right-of-way. As such, FRA does not preempt OSHA under section 4(b)(1) of the OSH Act regarding sanitation requirements for railroad track employees or roadway maintenance groups that are working along railroad track. Employers must provide sanitation facilities in accordance with 29 CFR 1910.141 or 29 CFR 1926.51, depending on the nature of the work.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov. If you have any questions, please feel free to contact the Directorate of Enforcement Programs at (202) 693-2100.
Sincerely,
Scott C. Ketcham, Acting Director
Directorate of Enforcement Programs
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