Machine guarding CNC Mills and Lathes (OSHRC Decision)

This case is significant in a number of ways:  1) manufacturer of the equipment put warning signs on their machines pointing out the hazard(s), 2) manufacturer considered the “doors” on their CNC mills and lathes to be “guards”, 3) manufacturer installed interlocks on the “doors” (i.e. guards), 4) company bought the machines “used” and many of the interlocks were not operational at the time of purchase, 5) one machine did have a functioning interlock, which was bypassed by tying back it’s arm, 6) The VP of the company and the most senior operator felt the machines were safe, 7) neither of these two employees had any training in machine guarding or safety, 8) the company had been cited for machine guarding years earlier and had a serious injury on these machines.  OSHA began their inspection based on an employee complaint and issued a willful citation for unguarded CNC lathes and mills.  OSHA said the “doors” were guards, based on the manufacturer’s operation manual, manufacturer’s labels on the machines making reference to them as “guards” and the presence of the interlocks on the doors.  The OSHRC agreed and upheld the citation as willful and the full amount.  Here is the arguments the company made against OSHA’s citations…