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.

May 7, 2006

Mr. William K. Principe
Constangy, Brooks and Smith, LLC
Suite 2400
230 Peachtree Street, N.W.
Atlanta, GA 30303-1557

Dear Mr. Principe:

Thank you for your August 28, 2003 letter to the Occupational Safety and Health Administration's (OSHA's) Office of General Industry Enforcement (GIE). Please be aware that this response may not be applicable to any situations not delineated within your original correspondence. You had specific questions regarding §1910.219(m).

Questions below have been restated for clarity.

Question: Does a guard that is held firmly in place without the use of screws or bolts, and cannot slide out of place, or be inadvertently jostled out of place, comply with the requirement in §1910.219(m) that guards on mechanical power transmission apparatus be securely fastened?

Response: Yes. The guards may be fastened by any secure method that prevents the guard from being inadvertently dislodged or removed, including, but not limited to, such means as screws, bolts, wing nuts and lock fasteners. OSHA would allow guards that could be easily removed to allow maintenance or repair activities in the most efficient manner, provided that the guard can be attached securely in place to protect employees once the maintenance or repair activities are completed.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. Please be aware that the enforcement guidance contained in this response represents the views of OSHA at the time the letter was written based on the facts of an individual case, question, or scenario and is subject to periodic review and clarification, amplification, or correction. It could also be affected by subsequent rulemaking; past interpretations may no longer be applicable. In the future, should you wish to verify that the guidance provided herein remains current, you may consult OSHA's website at
http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs