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.

February 13, 1996

Ms. Patricia McCimmon
Astrosystems, Inc.
6 Nevada Drive Lake
Success, NY 11042

Dear Ms. McCimmon:

This is in response to your letter of July 21, 1995, regarding third party certification for 29 CFR 1910.217(b)(13), (b)(14), (c)(5) and mandatory Appendix A for the Astro-Press 1000 press control system manufactured by Astrosystems, Inc. Please accept our apology for the delay in this response.

The third party certification addressed in Appendix A is only for those situations where a presence sensing device is used for the press stroke initiation as specified in paragraph 1910.217(h). Since your product is a brake monitoring-control device, and not an initiating device, Appendix A and paragraph (h) are not applicable. If there were a situation where your equipment was a component of a press being operated under 1910.217(h), it would be included as part of the third party certification. The certification requirement of 1910.217(h) is the responsibility of the press owner (employer) and not the manufacturer.

If you have further questions on this response please contact Mr. Don Kallstrom in the Office of General Industry Compliance Assistance (202)219-8031.

Sincerely,



Raymond Donnelly, Director
General Industry Compliance Assistance