Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

January 23, 1991

S. Melville McCarthy, P.E.
Registered Professional Engineer
417 Audubon Drive
Tallahassee, Florida 32312-1633

Dear Mr. McCarthy:

Thank you for your letter of November 5, 1990, expressing your concern about hazards created by unguarded vertical food mixers. Please accept our apology for the delay in this response.

Point of operation and rotating part hazards related to vertical food mixers in bakeries and restaurants are covered by the Occupational Safety and Health Administration (OSHA) standards at 29 CFR 1910.212(a)(1) and .212(a)(3)(ii). Normally, when the rotating parts above the point of operation are guarded as required by 1910.212(a)(1), hazards at the point of operation are also protected.

In order to assist us in the enforcement of these standards, it would be helpful if you could send us detailed information about any accidents of which you are aware involving this equipment. If possible, the information should include the following:

* Specifications of the machine.

* Activities of the injured party leading up to the accident.

* Injured person's occupation.

* Type of business.

* Type of guarding in place or provided, (if any), etc.

The information you provide will be forwarded to OSHA regional offices and entered into the OSHA Computerized Information System (OCIS), to assist field staff enforcing the guarding of these machines.

In addition, OSHA's Directorate of Safety Standards Programs will take the information which you provide into consideration in any future rulemaking activities involving vertical food mixers.

If you are able to provide this information, please direct it to:

Patricia K. Clark, Director Directorate of Compliance Programs 200 Constitution Avenue, N.W. Washington, D.C. 20210

OSHA compliance policy requires that all hazards observed by our compliance officers be addressed when encountered during inspections.

Our targeting system for programmed inspections results in few general schedule inspections in the restaurant industry; thus, OSHA compliance officers rarely see this sort of hazard.

If you know of a specific facility near you that utilizes unguarded vertical food mixers, please contact your nearest OSHA Area Office:

Lawrence J. Falck, Acting Area Director U.S. Department of Labor Jacksonville Area Office 3100 University Boulevard South Room 303 Jacksonville, Florida 32216

Telephone: (904) 291-2895

We appreciate your interest in employee safety and health. If we can be of further assistance, please do not hesitate to contact us.


Gerard F. Scannell
Assistant Secretary