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.

September 2, 1975

Subject: Request for Interpretation - 1926.302(e), Powder Operated Handtools

This is in response to your memorandum of June 23, 1975, with attached material from Hilti, Inc., regarding an interpretation of 1926.302(e)(5) and (6). In addition, this confirms Jeff Campbell's phone call of July 18, 1975.

In developing and promulgating 29 CFR 1926.302(e) Powder-actuated tools, the magazine or clip-fed explosive power load was not considered. This is a magazine containing several explosive power loads which is inserted into the tool and single loads are fed into the ram (firing chamber) as needed.

Our information indicates that, in addition, the following standards did not address magazine-fed explosive power loads:

ANSI A10.3-1970 safety requirements for explosive-actuated fastening tools.

29 CFR 1910.243(d) Explosive actuated fastening tools

29 CFR 1915.75 Powder actuated fastening tools

29 CFR 1916.75 Powder actuated fastening tools

When magazine-fed tools are inspected, the tool is not considered loaded until the magazine feeds the tool.

An OSHA Program Directive #100 series will be issued to cover this subject.

Barry J. White
Associate Assistant
Secretary for Regional Programs