OSHA will not issue citations to an employer that properly uses a non-metal guard so long as the guard is constructed of a substantial and suitable material. OSHA standard, 29 CFR § 1910.219(m)(1)(i) states:
| Standard conditions shall be secured by the use of the following materials. Expanded metal, perforated or solid sheet metal, wire mesh on a frame of angle iron, or iron pipe securely fastened to floor or to frame of machine. |
However, in an OSHA letter of interpretation, OSHA stated the following:
| OSHA has taken the position that guards constructed of any substantial material may be an acceptable alternative to the metal construction required by the standard at 29 CFR 1910.219(m). Until such time as the standard is modified, we are not in a position to deviate from that interpretation, and OSHA will continue to regard the use of suitable materials other than metal as a de minimis violation but will not be cited. OSHA’s de minimis enforcement policy is that if an employer complies with the clear intent of a standard but deviates from its particular requirements in a manner that has no direct or immediate relationship to employee safety or health, then the condition will be considered de minimis. Citations are not issued for de minimis conditions. Source for this LOI |
CLICK HERE for this LOI