OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

January 7, 1975

Mr. R. W. Ach
Chester Products, Inc.
1300 Lafayette Avenue
Middletown, Ohio 45042

Dear Mr. Ach:

This is in reference to your letter dated August 22, 1974, concerning your request for a permanent variance and interim order from Section 1910.212(a)(3)(ii) General Requirements for All Machines - Machine Guarding - Point of Operation Guarding, of the Occupational Safety and Health Standards.

You have requested a variance from Section 1910.212(a)(3)(ii) which requires that the point of operation of machines which expose an employee to injury be guarded in accordance with the appropriate standard or by a guard designed and constructed to prevent the operator from having any part of the body in the danger zone during the operating cycle. This is intended to protect the operator from inadvertently entering the danger zone during the operating cycle.

The proposed modification of your operation as described in your application appears to offer guarding by location which is permitted by the standard. It is our understanding that you will relocate the foot treadle an additional 12 inches away from the danger zone. In addition, you are activating the brake to be hand-lever operated to provide two methods of operation. This modification will provide a more stable standing position for your operator with both hands being occupied during the operation.

A review of your photographs reveals that your foot treadle is not guarded in accordance with Section 1910.217(b)(4)(i). Please review the standard and make the necessary modification to the foot treadle to meet the guarding requirements of this standard.

No further action will be taken on your request for a variance from Section 1910.212(a)(3)(ii).


Barry J. White
Associate Assistant Secretary for
Regional Programs