- Standard Number:
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.
February 18, 1976
| MEMORANDUM FOR: | ALFRED BARDEN REGIONAL ADMINISTRATOR |
| Subject: | 29 CFR 1910.212(a)(3)(ii) and (iv) |
This is in response to your memorandum dated February 5, 1976, concerning the subject matter, and confirms telephone conversations with your staff on February 12 and 13, 1976.
The Office of Compliance Programming and the Office of Standards Development agree with the rationale that you and your staff have developed concerning point of operation guarding for cutters on milling machines. It is agreed that the guarding of the cutters can be accomplished but not without producing other conditions such as interference with normal operations and the possibility of the guards creating more hazardous situations. Both the American National Standards Institute and the National Safety Council mention the feasibility of such guards and also recognize the inherent problems of guarding.
It is the consensus that it is sometimes impractical to guard stationary cutters. Where a normal point of operations guard is impractical, splash shields, chip shields or barriers which provide protection to the operator or employees may be acceptable; and, if necessary, a de minimis notice may be issued.
Barry J. White
Associate Assistant Secretary
for Regional Programs