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 29, 1976

Mr. Vincent G. Biro
President and General Manager
The Biro Manufacturing Company
Marblehead, Ohio 43440

Dear Mr. Biro:

Reference is made to my letter of July 6, 1976, wherein it stated that we would be willing to meet and review proposed modifications to the Biro All-Purpose Cutter. The primary purpose was to evaluate the effectiveness of the suggested tension device.

On September 9, 1976, your company elected to accept this agency's offer, and members of my staff observed chicken cutting operations with the guard and the proposed spring tension device installed on a Biro machine by Michael Biro at the F & F Foods in Gaithersburg, Maryland. As discussed with Mr. Biro at the demonstration, the thickness of the bumper material will have to be increased in order to assure that the guard will assume a vertical position, thereby providing the maximum protection to the operator.

The guard with the improved bumper and spring tension device, when mounted, used and maintained as specified for the correct model by the manufacturer, will meet the intent of 29 CFR 1910.212(a)(3)(ii), point of operations guard.

Thank you for your concern and continuing interest in occupational safety and health.


John K. Barto, Chief
Division of Occupational Safety Programming