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.

March 13, 1990

Mr. James B. Meehan, PE, PC
3010 Rownd Street
Cedar Falls, Iowa 50613

Dear Mr. Meehan:

This is in response to your letter of February 6, concerning 29 CFR 1910.219, mechanical power-transmission apparatus.

Until such time as the standard at 29 CFR 1910.219, which was adopted from the industry consensus standard ANSI B15.1-1953, is revised, it remains the effective standard of the Occupational Safety and Health Administration (OSHA). However, under this agency's policy, technical violations of the OSHA standard created by compliance with a more current version of the adopted consensus standard (ANSI) may be determined to be de minimis violations. Violations of OSHA standards which have no direct relationship to employee safety or health are de minimis violations and citations are not issued, penalties are not assessed, and abatement is not required.

A complete explanation of de minimis vioaltions is presented by the enclosure. Current consensus standards are addressed at 6.a.(2) of the enclosure.

If we may of further assistance, please contact us.

Sincerely,

Patricia K. Clark
Director Designate
Directorate of Compliance Programs