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 https://www.osha.gov.

April 3, 1991

Mr. T. Daniel Lentz
Product Engineer
Beard Industries
R.R. 6, Box 19
Frankfort, Indiana 46041

Dear Mr. Lentz:

This is in response to your letter of February 22, addressed to Mr. Ray Donnelly of my staff, concerning an interpretation of the Occupational Safety and Health Administration (OSHA) standard at 29 CFR 1910.272(o), specifically of 1910.272(o)(1)(ii). Your question with respect to 1910.272 (o)(1)(ii) pertained to location of the excessive temperature sensors.

The OSHA standard 1910.272(o) states, "Continuous-flow bulk raw grain dryers. (1) Not later than April 1,1991, all direct-heat grain dryers shall be equipped with automatic controls that:

(i) Will shut-off the fuel supply in case of power or flame failure or interruption of air movement through the exhaust fan; and

(ii) Will stop the grain from being fed into the dryer if excessive temperature occurs in the exhaust of the drying section."

As you may know, the implementation of the standard at 1910.272(o)(1)(ii) serves two purposes. First, the grain is stopped from being fed into a dryer. Second, further transfer of any ignited or burning material to storage or other processing areas is eliminated. Therefore, a sensor(s) located at the discharge side of the dryer, which would detect excessive grain temperature and would stop the grain from further movement in the event of an excessive temperature's detection, will meet the requirements of the standard.

Thank you for your interest in employee safety and health. If we may be of further assistance, please contact us.


Patricia K. Clark, Director
Directorate of Compliance Programs