03/20/1974 — Lessor and lessee responsibities for posting floor load limits View PDF of complete letter
March 20, 1974
Mr. C. M. Westerman
Senior Vice President
Warner Insurance
4210 Peterson Avenue
Chicago, Illinois 60646
Dear Mr. Westerman:
This letter is in response to your request of February 12, 1974, as to who
would be cited under certain floor loading situations. A recent opinion by
the Associate Solicitor for Occupational Safety and Health is the basis for
the following.
The relationship of a building owner and a tenant is that of "lessor" and
"lessee."
The tenant's employees are his responsibility, and under Section 5(a)(2) of
the Occupational Safety and Health Act of 1970, he is required to provide a
place of employment which meets the requirements of paragraph (d) of
1910.22.
The situation you describe where a building owner refused to assist the
tenant in evaluating and posting the areas he occupied is between "lessor"
and "lessee."
The employer of the employees who are exposed to a recognized hazard would
be cited in the event of an inspection.
Your interest in safety and health is greatly appreciated. If I may be of
further assistance, feel free to contact me.
Sincerely,
Barry J. White
Associate Assistant Secretary
for Regional Programs