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.

June 5, 1979

Mr. Michael Rodgers, Director
OSHA Voluntary Compliance and Training
Commonwealth of Virginia
Department of Labor and Industry
205 North Fourth Street
Richmond, Virginia 23241

Dear Mr. Rodgers:

This is in response to your inquiry addressed to Mr. John A. Proctor concerning the application of 29 CFR 1910.218(e)(1)(i) to the type of hammer referenced in your attached brochure.

As you were informed in a telephone conversation with Mr. Simms, a member of my staff, the use of the forging machines must be determined before the standard can be properly enforced. 29 CFR 1910.218(e)(1)(i) shall be enforced for pneumatic drop hammers used in hot forging operations. However, pneumatic drop hammers used for cold forging operations are not covered by the standard, but are covered by other applicable standards and section 5(a)(1) of the Act.

If we may be of any further assistance, please feel free to contact me.


Grover C. Wrenn Director
Federal Compliance
and State Programs

(see next page for incoming letter)

April 18, 1979

Mr. John A. Proctor
Office of Standards,
Room N3463
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210

Dear Mr. Proctor:

After reviewing the case file of a survey made by one of my consultants, I am left with the question does 1910.218(e)(1)(i) of the Occupational Safety and Health Standards, relate to the type of hammer of which I am enclosing a brochure.

This appears to be a fairly simple question but when the need for a safety cylinder head was drawn to our client's attention, he contacted the manufacturer of the hammer and received the following information:

"We are at a loss as to the function a safety cylinder head would perform as applied to our type of drop hammer."

"We feel that the safety cylinder head described by OSHA applies to Steam or Hot Forging type Hammers and not Pneumatic Lift Gravity Drop Head Hammers."

Analyzing these quotations, we are assuming that the cylinder does not have a safety cylinder head. So we feel that there is a violation of 1910.218(e)(1)(i) should it apply to this particular Hammer. Your assistance and interpretation in solving this condition will be appreciated.

Very truly yours,

Michael Rodgers, Director
OSHA Voluntary Compliance