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.

November 9, 1990

Mr. Robert O. Stout
Attorney at Law
136 South Main Street
Marion, Ohio 43302-3795

Dear Mr. Stout:

This is in response to your letter of October 10, regarding your involvement in litigation relative to the severance of a hand by a high school student while using a radial arm saw.

The Occupational Safety and Health Administration (OSHA) does have standards that regulate the guarding and use of radial arm saws. The specific standards can be found at 29 CFR 1910.213(h) (copy enclosed). However, OSHA does not have jurisdiction over states, counties, cities or municipalities. The relationship between public vocational school students and the schools they attend does not fall within our jurisdiction.

As to your question of whether there is any agency in the State of Ohio that would have primary or concurrent jurisdiction with OSHA, you may wish to contact the following consultative group for assistance:

         State of Ohio
         Division of Safety and Hygiene
         Telephone: 1-800-533-7723

For your information and convenience, we have listed below the address and telephone number of the Toledo, Ohio, OSHA Area Office.

This office serves your locale:

         US Department of Labor - OSHA 
         Federal Office Building, Room 734 234
         North Summit Street 
         Toledo, Ohio  43604
         Telephone:  419-259-7542

If we can be of further assistance, please do not hesitate to contact us.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs

Enclosure