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| Standard Number: | 1910.217 |
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June 14, 1977
Mr. William H. Sardo, Jr. Dear Mr. Sardo: This is in response to your letter of April 14, 1977, to Donald A. Shay, Director, Office of Compliance Programming, Occupational Safety and Health Administration (OSHA), regarding a request that the Automatic Nailing Machine be listed in 29 CFR 1910.217(a)(5) which would exclude these machines from 29 CFR 1910.217, Mechanical Power Presses. 29 CFR 1910.211(d) contains definitions as used in 29 CFR 1910.217, Mechanical Power Presses. 29 CFR 1910.211(d)(46) states: "`Press' means a mechanically powered machine that shears, punches, forms or assembles metal or other material by means of cutting, shaping, or combination dies attached to slides. A press consists of a stationary bed or anvil, and a slide (or slides) having a controlled reciprocating motion toward and away from the bed surface, the slide being guided in a definite path by the frame of the press." Therefore, the Automatic Nailing Machine is excluded from section 29 CFR 1910.217, Mechanical Power Presses. The general provisions of Subpart O--Machinery and Machine Guarding do apply. A copy of this letter is being forwarded to all Regional Administrators for appropriate attention. Thank you for your concern and continuing interest in occupational safety and health.
Sincerely,
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