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.

March 14, 1996

MEMORANDUM FOR:         SANDRA J. TAYLOR
                       DEPUTY REGIONAL ADMINISTRATOR

FROM:                   JOHN B. MILES, JR., DIRECTOR 
                       DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:                REQUEST FOR INTERPRETATION - 29 CFR 1910.213(f)(2)

This is in response to your letter of October 20, 1995, in which the Regional Office requested an interpretation of 29 CFR 1910.213(f)(2). Please accept our apology for the delay in responding and not keeping you informed during the delay.

Concurrent with your request of Compliance Programs, Kenker Box Company as a condition of settlement, requested a variance that was evaluated by the Directorate of Safety Standards Programs. The result of their evaluation is that the power feed mechanism submitted, specifically SCMI's universal power feed model #177, provides an equivalent level of protection to the anti-kickback fingers required by the standard [29 CFR 1910.213(f)(2)] when it is installed, maintained, and operated according to the manufacturer's recommendations, and specifications.

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