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.

June 14, 1977

Mr. William H. Sardo, Jr.
Executive Vice President
National Wooden Pallet
and Container Association
1619 Massachusetts Avenue, N.W
Washington, D.C. 20036

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.


John K. Barto,
Division of Occupational Safety Programming