Powered by GoogleTranslate
Standard Interpretations - Table of Contents
• Standard Number: 1926.302

March 2, 1982

Mr. Jack Moore
Jack Moore Associates, Inc.
429 Boston Turnpike
Shrewsbury, Massachusetts 01545

Dear Mr. Moore,

This is in response to your letter of December 11, 1981, requesting clarification of OSHA's position regarding certain provisions of OSHA 29 CFR 1926.302. Please accept our apology for the delay in response.

29 CFR 1926.302(e) regulates the use of powder-actuated tools and 29 CFR 1926.302(e)(12) requires employers to also comply with all other applicable requirements of the American National Standards Institute. A10.3-1970, Safety Requirements for Explosive-Actuated Fastening Tools. The ANSI A10.3-1977 requirements have not been adopted and are not enforced by this Agency. OSHA enforces the ANSI A10.3-1970 requirement that fasteners used in tools shall be only those specifically manufactured for use in such tools. OSHA does not interpret this provision to require use of fasteners/cartridges made by the manufacturer of the tool, as long as the fastener/cartridge is intended to be used in the particular tool and can be used safely.

OSHA Instruction CPL 2-11A (copy enclosed) implements guidelines on de minimis violations which have no direct or immediate relationship to safety and health. It acknowledges "state of the art" technical advances which are beyond the requirements of the applicable standard. An example would be where OSHA standards derived from such consensus groups as NEC, NFPA, ANSI, etc. have been updated in later consensus publications in accord with new technology or equipment and the updated standard provides equal or greater safety and health protection.

In regards to your question on color identification, a power level (1) with brass case must have a load color grey and a nominal velocity of 91 m/c or 300 f/s regardless of whether it is .22/.25/.27 caliber.

It is OSHA's position that cartridges falling below the minimum velocity tolerant may also present a hazard to an employee using the tool. The fasteners could crack, shatter, or spell the material, thereby causing employee injury or an improperly set fastener could also cause injury to an employee because of the failure.

If we may be of further assistance, please call or write.


Patrick R. Tyson Director,
Federal Compliance and State Programs

Standard Interpretations - Table of Contents

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.