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.

October 7, 1987

MEMORANDUM FOR:     JOHN PLUMMER, DIRECTOR
                    FEDERAL AGENCY PROGRAMS

FROM:               DONALD A. SHAY, DIRECTOR
                    GENERAL INDUSTRY COMPLIANCE ASSISTANCE

SUBJECT:            Safeguarding of Metal Cutting Do-All Saw at
                    the Norfolk Naval Shipyard

The information provided by the Norfolk Naval Shipyard has been reviewed. The ANSI B11.10-1983, Safety Requirements for the Construction, Care and Use of Metal Sawing Machines, is the appropriate consensus standard. Section 2.24.2 and E2.24.2 of the ANSI B11.10-1983, including illustration 2, defines the point of operation as including the portion of the saw which was cited. Therefore, 29 CFR 1910.212(a)(3)(ii) is applicable to the circumstance and 29 CFR 1910.212(a)(1) was inappropriately cited. (Ref. enclosure.)

Under 29 CFR 1910.212(a)(3)(ii), the point of operation shall be safeguarded in conformance with any appropriate standard---. Since no applicable OSHA standard exists, the appropriate industry consensus standard is ANSI B11.10-1983.

The saw in contention is deemed to be in compliance with 29 CFR 1910.212(a)(3)(ii) by virtue of the fact that it is in compliance with the intent of Section 5.4.3 of the ANSI B11.10, as verified by the ANSI B11.10 committee. The letter of March 4, 1987, from Mr. William Atkinson, Jr., Secretary to the B11 Standard Committee clarified the acceptability and the limitations of the current use of the DO-All metal cutting saw at the Naval Shipyard. The photo's provided by the Navy verify that the configuration of the saw and the pictorial data provided to Mr. Atkinson are identical.