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.

July 29, 1991

Mr. Bert Cathery
Cathery Pacific
P.O. Box 25089
Portland, Oregon 97225

Dear Mr. Cathery:

This is in response to your inquiry of March 19. Please accept our apology for the delay in response.

We have examined the flyer and the accompanying letter explaining the characteristics of the Quik-Link device for the replacement of tire chain links. We regret that on the basis of the information you have so far given us, that we cannot make a determination whether your device is in compliance with any applicable section of the Occupational Safety and Health regulations.

The section which covers the safety aspects of your invention is found at 29 CFR 1910.212(a) (copy enclosed). Based on your flyer and the illustration within, there appears to be a potential for serious injury at the point of operation, that is, the point at which the pincer part contacts the chain link. This is true, notwithstanding the statement in your letter that the operator's hands are occupied by the chain during the pinching operation. If you have developed a safeguard for this hazard, it is not evident in the information you have thus far provided us. We recommend that you contact a private consultant in mechanical engineering to obtain recommendations as to how you could effectively solve the point of operation problem.

Furthermore, you should be aware that your statement in the lower right hand section of your flyer, that the foot guard used with your device is "OSHA approved" is technically inaccurate and should be removed from future advertisements. OSHA has a long-standing policy against approval or disapproval of any commercial products.

Should you have any additional data which would assist us in making a more thorough evaluation of the safety aspects of your product, we will be pleased to review these. Do not hesitate to contact this office if we can be of further assistance. My contact person is Joseph Ashley, telephone (202) 523-8031.

Sincerely,



Patricia K. Clark, Director
Directorate of Compliance Programs