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.

February 14, 1978

Mr. Vincent G. Biro
President and General Manager
The Biro Manufacturing Company
Marblehead, Ohio 48440

Dear Mr. Biro:

This is in response to your letter of December 6, 1977, concerning the Occupational Safety and Health Administration's review of the safeguards provided on the Biro Meat Tenderizer and the Chopper (grinder) machines. This also confirms that two members of my staff reviewed these two machines with your engineer, Mr. John Wonnell, at the Twin Bridges Marriott Motel in Arlington, Virginia.

The Biro Chopper (grinder) machine is a hand fed type machine. The feed opening is equipped with a permanently mounted guard which is aluminum with approximately 19 2 1/2 inch diameter holes. A stomper, 2 inches in diameter, is required to be used to push the meat through the holes in the guard. It is equipped with an interlock safety switch which disconnects the power when the tray is removed for any reason. The machine is listed with Underwriters Laboratories, Inc., and the U.S Department of Agriculture.

The Biro Tenderizer Machine is also a hand fed machine. It is equipped with a transparent hopper which guards the knives. It is equipped with an interlock safety switch which disconnects the power when the hopper is raised. The machine is listed with Underwriters Laboratories, Inc., and the U.S. Department of Agriculture.

It has been concluded that if both the Chopper (grinder) and Tenderizer Machines, with the safeguards, are installed, maintained, and operated as recommended by your company, then the guarding provided meets the intent of the Occupational Safety and Health Standards 29 CFR 1910.212(a)(1) and (3)(ii).

I hope the preceding information will be helpful to you. Thank you for your concern and continuing interest in occupational safety and health.

Sincerely,



John K. Barto, Chief
Division of Occupational Safety Programming