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.

January 24, 1996

Mr. John P. Coniglio, CHMM, RPIH
Executive Vice President - Operations 3320
N. Benzing Road
Orchard Park, NY 14127

Dear Mr. Coniglio:

This is in response to your letter of October 27, 1995 addressed to Mr. Don Kallstrom related to hand portable operated abrasive grinders, and in follow-up to an interim phone call placed to you on January 19, 1996. You requested an interpretation on whether machine guards are required when a wheel is used for internal work while within the work being ground.

Under paragraphs 29 CFR 1910.215(a)(i) and 1910.243(c)(1)(i)(a), the standard excepts from the general requirements for machine guarding "wheels used for internal work while within the work being ground." The intent of the exception, as your letter correctly stated, is that the work piece is offering equal protection and a guard would not be needed given the general parameters of your scenario. No 1910 or 1926 citation would be issued as long as the intent of the standard is met.

If we can be of any further assistance, please contact Margo Daniel of my staff on (202)219-8041.

Sincerely,



John B. Miles, Jr., Director
Directorate of Compliance Programs