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 http://www.osha.gov.

July 1, 1977

 
MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS - OSHA
 
THROUGH: ACTING FIELD COORDINATOR
 
Subject: 29 CFR 1910.212, Point of Operation Guarding, As Applied To The Dvorak Model 314 Iron Worker
 

Letters of complaints and contests have been brought to our attention claiming that guards for points of operation on Iron Worker machines are not feasible, are impractical and unnecessary. To explore the claims, a joint effort was initiated by the Denver Regional Office, and the Sioux Falls, South Dakota, Area Office in coordination with Little Scotchman Industries, Philip, South Dakota, a manufacturer of iron worker machines. Subsequently, Little Scotchman Industries designed and developed points of operation devices for all stations on the Dvorak Model 314 Iron Worker, which they manufacture. A copy of their brochure is enclosed.

OSHA technical experts from the Denver Regional Office and the Sioux Falls Area Office viewed an operational demonstration of the machines and determined that the guarding devices are feasible and practical, and meet the intent of the standard.

When Iron Workers are equipped with similar point of operations guarding devices, such as the ones furnished by the manufacturer of the Dvorak Model 314, they are considered as meeting the intent of the OSHA General Industry Standard, 29 CFR 1910.212(a)(1), when the guarding devices are installed, maintained and used safely according to the manufacture's instructions.

The aforementioned is for your information and distribution to your field offices.

Richard P. Wilson
Deputy Director,
Federal Compliance and State Programs