• Chapter Number: Cover
• Chapter Title: Cover Memo

OSHA Instruction CPL 2.103 
September 26, 1994 
Office of General Industry Compliance Assistance 



SUBJECT:  Field Inspection Reference Manual (FIRM) 



A. Purpose.  The purpose of this instruction is to transmit 
   the Field Inspection Reference Manual (FIRM).  The FIRM was 
   developed by the Field Operations Manual (FOM) Revision Team 
   to provide the field offices a reference document for 
   identifying the responsibilities associated with the majority 
   of their inspection duties. 



B. Scope.  This instruction applies OSHA-wide. 



C. References. 



   1.    OSHA Instruction CPL 2.45B, June 15, 1989, Field 
         Operations Manual (FOM). 



   2.    OSHA Instruction CPL 2.51H, March 22, 1993, Exemptions 
         and limitations under the Current Appropriations Act. 



   3.    OSHA Instruction CPL 2.77, December 30, 1986, Critical 
         Fatality/Catastrophe Investigation. 



   4.    OSHA Instruction CPL 2.80, October 21, 1990, Handling 
         of Cases to be Proposed for Violation-by-Violation 
         Penalties. 



   5.    OSHA Instruction CPL 2.90, June 3, 1991, Guidelines for 
         Administration of Corporate-Wide Settlement Agreements. 



   6.    OSHA Instruction CPL 2.94, July 22, 1991, OSHA Response 
         to Significant Events of Potentially Catastrophic 
         Consequences. 



   7.    OSHA Instruction CPL 2.97, January 26, 1993, 
         Fatality/Catastrophe Reports to the National Office 
         ("Flash Reports"). 



   8.    OSHA Instruction CPL 2.98, October 12, 1993, Guidelines 
         for Case File Documentation for Use with Videotapes and 
         Audiotapes. 



   9.    OSHA Instruction CPL 2.102, March 28, 1994, Procedures 
         for Approval of Local Emphasis Programs (LEPs) and 
         Experimental Programs. 



   10.   OSHA Instruction CPL 2-2.20B, April 19, 1993, OSHA 
         Technical Manual. 



   11.   OSHA Instruction CPL 2-2.35A, December 19, 1983, 29 CFR 
         1910.95(b)(1), Guidelines for Noise Enforcement, 
         Appendix A, Noise Control Guidelines. 



   12.   OSHA Instruction CPL 2-2.54, February 10, 1992, 
         Respiratory Protection Program Manual. 



   13.   OSHA Instruction ADM 1-1.31, September 20, 1993, The 
         IMIS Enforcement Data Processing Manual. 



   14.   OSHA Instruction ADM 4.4, August 19, 1991, 
         Administrative Subpoenas. 



   15.   OSHA Instruction ADM 11.3A, July 29, 1991, Revision A 
         to the OSHA Mission and Function Statements. 



   16.   Memorandum dated March 31, 1994, to the Regional 
         Administrators from H. Berrien Zettler, Deputy 
         Director, Directorate of Compliance Programs regarding 
         Policy Regarding Voluntary Rescue Activities. 



D. Action.  The issuance of the FIRM will require a change 
   to the FOM, but until this change is accomplished, if there 
   are any discrepancies between the FIRM and the FOM, the FIRM 
   prevails.  Regional Administrators and Area Directors shall 
   ensure that the policies and procedures established in this 
   instruction are transmitted to all Area and District Offices, 
   and to appropriate staff. 



E. Effective Date.  September 30, 1994. 



F. Federal Agencies.  This instruction describes a change 
   that affects Federal agencies.  Executive Order 12196, 
   Section 1-201, and 29 CFR 1960.16, maintains that Federal 
   agencies must also follow the enforcement policy and 
   procedures contained in this instruction. 



G. Federal Program Change.  This instruction describes a 
   Federal program change which affects State programs.  Each 
   Regional Administrator shall: 



   1.    Ensure that this change is promptly forwarded to each 
         State designee using a format consistent with the Plan 
         Change Two-way Memorandum in Appendix P, OSHA 
         Instruction STP 2.22A, CH-3.  Explain the content of 
         this change to the State designee as requested. 



   2.    Encourage the State designees to review the streamlined 
         procedures contained in the Field Inspection Reference 
         Manual (FIRM) and adopt parallel procedures through a 
         State FIRM or changes to the State Field Operations 
         Manual (FOM). 



   3.    Advise the State designees that specific policy changes 
         have been made in the following areas, through the 
         FIRM, which require a State response: 



         a.  serious willful penalty increase (previously 
             transmitted by June 14, 1994, memorandum "Revised 
             Penalties and Willful Violations") - FIRM Chapter 
             IV, C.2.m. 
         b.  good faith credit - FIRM Chapter IV, C.2.i.(5)(b) 
         c.  definitions concerning complaints - FIRM Chapter I, 
             C.2. 
         d.  nonformal complaint procedures - FIRM Chapter I, 
             C.7. 
         e.  voluntary rescue operations - FIRM Chapter II, 
             B.2.e. 
         f.  imminent danger investigations - FIRM Chapter II, 
             B.3. 
         g.  unobserved exposure - FIRM Chapter III, C.1.b.(4) 
         h.  reporting of fatalities/catastrophe (1904.8) - FIRM 
             Chapter II, B.2.a. 
         i.  reporting time for fatalities (1904.8) - FIRM 
             Chapter IV, C.2.n.(3)(c) 
         j.  notification of employee representatives of 
             citation issuance - FIRM Chapter IV, B.1.b. 
         k.  economic feasibility - FIRM Chapter IV, 
             A.6.a.(4)(b) and NOTE 
         l.  employee involvement in informal 
             conferences/settlements - FIRM Chapter IV, D.1.b. 



   4.    Ensure that the State designees are asked to 
         acknowledge receipt of this Federal program change in 
         writing to the Regional Administrator as soon as 
         possible, but not later than 70 calendar days after the 
         date of issuance (10 days for mailing and 60 days for 
         response).  The acknowledgment must include a statement 
         indicating the State's general intention with regard to 
         adopting the FIRM or incorporating the FIRM's 
         procedures into its Field Manual and specific intention 
         in regard to the 12 policy changes specified above. 



   5.    Ensure that State designees submit an appropriate State 
         plan supplement within 6 months and that it is reviewed 
         and processed in accordance with paragraphs 
         I.1.a.(3)(a) and (b), Part I of the State Plan Policies 
         and Procedures Manual (SPM). 



   6.    Review policies, instructions and guidelines issued by 
         the State to determine that this change has been 
         communicated to State compliance personnel. 









Joseph A. Dear               Ron Yarman 
Assistant Secretary          Executive Vice President, NCFLL 






DISTRIBUTION:   National, Regional, and Area Offices 
                All Compliance Officers 
                State Designees 
                NIOSH Regional Program Directors 
                7(c)(1) Project Managers