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OSHA Instruction STP 2-1.146A AUG 7 1989 Office of State Programs

Subject: Presence Sensing Device Initiation of Mechanical Power Presses; Final Rule

A. Purpose. This instruction describes a Federal program change to the Regions and State designees.

B. Scope. This instruction applies OSHA-wide.

C. Cancellation. OSHA Instruction STP 2-1.146, June 27, 1988, Presence Sensing Device Initiation of Mechanical Power Presses, is canceled.

D. Reference. OSHA Instruction STP 2-1.117, State Standards.

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

1. Ensure that this instruction is forwarded to each State designee.

2. Provide a copy of the Federal Register notice to the State designee upon request.

3. Explain the technical content of the Federal Register notice at 53 FR 8322, March 14, 1988, Presence Sensing Device Initiation of Mechanical Power Presses; Final Rule, to the State designee upon request. This final rule amends the Federal mechanical power press standard (29 CFR 1910.217, Subpart O), to allow (but not require) presence sensing device initiation (PSDI) on certain types of power presses. It also requires certification/validation of PSDI equipment by a third party recognized by OSHA.

4. Ensure that each State designee acknowledges receipt of this instruction in writing, within 30 days of notification, to the Regional Administrator. The acknowledgment should include (a) the State's plan to adopt and implement an identical standard amendment, modified to clearly explain that the State will not establish its own program for recognition of third party validation

OSHA Instruction STP 2-1.146A August 7, 1989 Office of State Programs

organizations but will instead use the Federal program; (b) the State's plan to develop an alternative standard amendment, which is as effective, including eStablishing an independent State third-party recognition program; or (c) the reasons why no change is necessary to maintain a program which is as effective.

5. Explain that, because of the technical complexity involved in the recognition process for third-party validation organizations, and because one certification program with nationwide applicability allows a more efficient use of resources, the States are encouraged to adopt a standard that relies on the Federal third-party certification program; i.e., presence sensing device certification/validation must be conducted by a third party organization that has met the Federal requirements and received Federal OSHA recognition States choosing to establish their own third-party recognition programs may do so but must (1) honor Federal OSHA's recognitions; (2) assure that third-party validation organizations understand that State recognition applies only within that State; (3) establish an at least as effective program including site inspections of the facilities of third-party validation organizations, etc. No 23(g) or State matching funds may be used for the establishment or operation of State third-party certification programs.

6. Inform each State designee that the State must amend its standard to ensure that it remains at least as effective as the amended 29 CFR 1910.211 and 1910.217, and submit a plan supplement within 6 months of the date of Federal publication.

7. Inform each State designee that States which have adopted a standard prior to the issuance of this amended instruction should review and revise their standard as appropriate or issue necessary clarifying policy documents to assure that State requirements for third-party validation and recognition

OSHA Instruction STP 2-1.146A August 7, 1989 Office of State Programs

of third-party validation organizations clearly reflect the State's intent to either accept only Federally recognized third parties or establish an independent State program. Such amendments/clarifications must be submitted as part of the plan supplement.

F. Effective Date. The provision for OSHA recognition of third-party validation organizations (to validate employer and manufacturer certifications that their equipment and practices meet the requirements of the PSDI standard) set forth in Appendix C became effective 30 days (April 13, 1988) after publication in the Federal Register. The remaining provisions of the standard became effective the later of 90 days (June 13, 1988) after publication in the Federal Register or the date of OSHA recognition of a third-party validation Organization. At this time, no such organizations have been recognized by OSHA. Therefore, the provisions of the standard other than Appendix C have not yet been implemented. A Federal Register notice will be published when a third-party validation organization has been recognized by OSHA.

G. Interim Enforcement. Under 29 CFR 1953.23(a) and (b), State plan States are provided up to 6 months from publication of the Federal standard in the Federal Register to promulgate an identical or at least as effective standard. If a State, for whatever reason, is unable to promulgate a standard in a timely manner (6 months for a permanent standard, 30 days for an emergency temporary standard) the State shall be expected to provide assurance that it will enforce the substantive provisions of the new or revised Federal standard through such means as use of its general duty clause or equivalent, temporary adoption of an identical standard, or an alternative, specified enforcement mechanism.

H. Different State Standards Section 18(c) (2) of the OSH Act requires that State standards be at least as effective as the Federal and, when applicable to products used or distributed in interstate commerce, be required by compelling local conditions and not unduly burden

OSHA Instruction STP 2-1.146A August 7, 1989 Office of State Programs

interstate commerce. In addition to the at least as effective criterion, this "product clause test" will be applied to State standards with substantively different requirements from the comparable Federal standards, as discussed in OSHA instruction STP 2-1.117.

I. Explanation.

1. On March 14, 1988, OSHA issued a final rule on its standard for mechanical power presses (53 FR 8322). That action amended Section 1910.211 and Section 1910.217 to allow (but does not require) presence sensing device initiation (PSDI) on certain types of power presses. The amended standard addresses the use of presence sensing devices as well as the entire mechanical power press safety system involved in operating in the PSDI mode. OSHA is also amending the related standard on definitions, 29 CFR 1910.211, as appropriate, to support the revision to the mechanical power press standard.

2. Until this rulemaking, OSHA did not permit PSDI, but rather required that a mechanical power press operator physically initiate the stroke of the press by using hand controls or a foot pedal.

3. Because presence sensing device initiation has been used safely in other countries, in one case for over 30 years, and on an experimental basis in the United States since 1976, OSHA believes this prohibition is technically outdated. This revision allows a presence sensing device to initiate the stroke of the press automatically when the operator's body is out of the danger zone.

4. The PSDI standard at Section 1910.217(h)(11)(i) provides that employers may use PSDI devices on their mechanical power presses only after the manufacturer and employer certifications on design and installation have been validated by an OSHA-recognized third-party validation organization. Annual recertification/revalidation is also required.

OSHA Instruction STP 2-1.146A August 7, 1989 Office of State Programs

Appendix C to Section 1910.217 provides mandatory requirements for OSHA recognition of third-party validation organizations for the PSDI standard, including notice in the Federal Register and a comment period. A letter of recognition is issued that is valid for five years, but subject to revocation by OSHA at any time.

5. No organizations have yet applied to OSHA for recognition as a third-party validation organization.

6. No 23(g) or matching State funds may be used for the development or operation of any independent State recognition programs for third-party validation organizations as they would duplicate a complex technical process already available Federally.

7. Under 29 CFR 1953.23(a) and (b), States are provided up to 6 months from publication in the Federal Register for adoption of parallel State standards and amendments.

Alan C. McMillan Acting Assistant Secretary

DISTRIBUTION: National and Regional Offices 18(b) State Monitors State Designees

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