OSHA approval of machine design and risk assessments

February 10, 2005

Mr. Brad Schiegg

Electrical Engineering Manager

Optima Machinery Corporation

[Recipient address omitted]

Dear Mr. Schiegg:

This is in response to your January 17, 2005 letter to the Occupational Safety and Health Administration (OSHA) requesting a formal interpretation regarding OSHA compliance for a packaging machine, which is designed in accordance with the national consensus standards for this equipment (e.g., ANSI/PMMI B155.1-2000).

Your letter seeks OSHA's acceptance of your procedures, listed below, in terms of the design/risk assessment of this machine:

29 CFR 1910.147: Control of hazardous energy (lockout/tagout);

29 CFR Part 1910: Subpart O, Machine and machine guarding;

ANSI/ASSE Z244.1-2003: Control of Hazardous Energy Lockout/Tagout and Alternative Methods.

In regard to your enclosed design and risk assessment information, our office has not performed a detailed review, nor approved the adequacy of such design in meeting the above referenced OSHA, ANSI, or any other consensus standards. OSHA does not test, approve, certify, or endorse any equipment, product, or procedure, including machine design and risk assessment techniques.

Should you wish to research OSHA policy regarding your referenced topics, you may elect to consult OSHA's website at http://www.osha.gov. For example, enforcement policy for the Control of Hazardous Energy Lockout/Tagout and Alternative Methods consensus standard may be found in the November 10, 2004 letter to the Chairman of the Z244 American National Standards Committee. Specifically, OSHA has not determined that, in all cases, compliance with specific provisions of the ANSI Z244.1-2003 Standard and its annexes would constitute compliance with the relevant OSHA standards.1 Please refer to our website interpretation section for additional detail on this and other hazardous energy control (e.g., §1910.147) policy.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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. 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

1 The OSH Act contemplates a distinction between the national consensus standard process and the process of OSHA rulemaking. While the former often produces information useful in the latter, it is not equivalent. Section 5(a)(2) of the OSH Act requires employers to comply with OSHA standards (29 USC §654(a)(2)). [ back to text ]