Rescinded Chicago regional instruction and Indiana state plan

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 13, 1992

Ms. Betty E. Landis
Chief Counsel-IOSHA
State of Indiana
Department of Labor
[Recipient address omitted]
Dear Ms. Landis:

This is in response to your April 21 memorandum requesting all information provided to Mr. Railton by our office concerning Chicago Regional Instruction STD 3-9.1.

On or about October 18, Mr. Railton contacted Mr. Roy Gurnham, Director of the Office of Construction and Maritime Compliance Assistance, and requested the status of Region V STD 3-9.1. Mr. Railton stated that an ALJ in Indiana asked him to determine if this STD was still in effect.

On October 22, Mr. Dale Cavanaugh, a member of Mr. Gurnham's staff, contacted Mr. Railton to get the case topic and docket number. During this conversation, Mr. Railton stressed that he needed the information on the status of the STD by COB October 25. A request for the status of this STD was made on October 24 to Mr. John Hermanson of the Region V Office. On the afternoon of October 25, Mr. Cavanaugh called Mr. Railton's office and left a message that the National Office had no record of this STD; that the Regional Office had not yet responded to our inquiry as to whether the STD had been rescinded; and it therefore appeared that the STD was still in effect but that we were still looking into the matter.

On Monday afternoon, October 25, we received a facsimile copy of the cancellation notice of Chicago Regional Instruction STD 3-9.1 from your office as requested from Mr. Hermanson. Mr. Cavanaugh called Mr. Railton the next day but Mr. Railton was not available. On October 29, Mr. Cavanaugh left a message with Mr. Railton's office that the STD had been rescinded in May 1989. No further contact was made with Mr. Railton.

In regard to the current status of the STD and whether it was issued to state plans and was applicable to the Indiana State plan, please be advised that the Chicago Regional STD 3-9.1 was rescinded in May 1989 and therefore is no longer in effect. This STD was issued to Federal OSHA only and did not apply to state plans and therefore was not sent to the State of Indiana.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]