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OSHA jurisdiction over public-school radial arm saw injuries

Summary An attorney asked whether OSHA's radial-arm-saw guarding standards applied to an injury involving a public vocational-school student. OSHA said it had saw standards but lacked jurisdiction over state and local public entities and the student-school relationship described. It referred the attorney to Ohio resources; OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-11-09-1
Date issued
November 9, 1990
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 9, 2026

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The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 9, 1990

Mr. Robert O. Stout
Attorney at Law
[Recipient address omitted]
Dear Mr. Stout:

This is in response to your letter of October 10, regarding your involvement in litigation relative to the severance of a hand by a high school student while using a radial arm saw.

The Occupational Safety and Health Administration (OSHA) does have standards that regulate the guarding and use of radial arm saws. The specific standards can be found at 29 CFR 1910.213(h) (copy enclosed). However, OSHA does not have jurisdiction over states, counties, cities or municipalities. The relationship between public vocational school students and the schools they attend does not fall within our jurisdiction.

As to your question of whether there is any agency in the State of Ohio that would have primary or concurrent jurisdiction with OSHA, you may wish to contact the following consultative group for assistance:

State of Ohio
Division of Safety and Hygiene
Telephone: 1-800-533-7723

For your information and convenience, we have listed below the address and telephone number of the Toledo, Ohio, OSHA Area Office.

This office serves your locale:

US Department of Labor - OSHA
Federal Office Building, Room 734 234
North Summit Street
Toledo, Ohio 43604
Telephone: 419-259-7542

If we can be of further assistance, please do not hesitate to contact us.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs

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