Date: Fri, 7 Nov 2008 12:58:13 -0500
Reply-To: List Moderator <ecgrants**At_Symbol_Here**UVM.EDU>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: List Moderator <ecgrants**At_Symbol_Here**UVM.EDU>
Subject: Applicability of Safety Regulations to Local Law Enforcement

From: 	dritschel**At_Symbol_Here**earthlink.net
Subject: 	Applicability of Safety Regulations to Local Law Enforcement
Date: 	November 7, 2008 9:42:54 AM EST (CA)

I would like to post the following scenario/question to the list:

All state and local agencies, to include local law enforcement  
agencies, for example city police departments, are exempt from OSHA  
regulations in states that do not have a state-sponsored plan, such as  
Ohio.  The exemption is stated in 29 USC 654, definitions 4 and 5.

The following is an excerpt from my correspondence with a contact from  
OSHA....
State and local government agencies are exempt from federal OSHA  
requirements in states where there is federal OSHA jurisdiction only.

I have been asked about the applicability of the safety standards  
codified by the US EPA, et al, due to this exemption from OSHA  
standards.

The question posed to me dealt with respiratory protection and if the  
local police department is required to adhere to all of the safety  
requirements in the federal regulations, to include the requirement  
for fitness of duty evaluations.

The specific question was....
"What would be the requirement for fitness of duty testing and  
respirator fit testing for police officers required to use gas masks  
(CS, CN, etc) for crowd control (ie. task oriented function as opposed  
to escape use)?"

Your help is greatly appreciated. 

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