August 6, 1979

Mr. W. C. Crager, CSP, P.E.
574 East 37th Street
Brooklyn, New York 11203

Dear Mr. Crager:

This is in response to your letter regarding safeguarding the point of operation on mechanical power presses, and confirms an earlier conversation with a members of my staff.

When a pull-out device is used, and properly adjusted, in conjunction with a two-hand control or trip, then safety distance parameters specified by 1910.217(c)(3)(vii)(c) and 1910.217(c)(3)(viii)(c) are not required to be met. Under such circumstances, the placement of the controls or trips would be considered a technical violation of the standard which does not affect the safety or health of the employee and would meet the OSHA definition of a de minimis violation for which there is no penalty or correction required. The pull back device provides for the protection of the operator from the point of operation per 29 CFR 1910.217(c)(3)(i)(b) and specifically per 1910.217(c)(3)(iv).

A mechanical power press which is fitted with a point of operation guard conforming to 29 CFR 1910.217(c)(2)(i) does not require additional safeguarding of the point of operation. Therefore, two-hand controls or trips for actuating a press so equipped need not also conform to safety distance requirements. Again, the placement of the controls would be considered by OSHA to be a de minimis violation.

Enclosed please find a copy of OSHA Program Directive #200-67 (Revision #1), now known as OSHA Instruction CPL-2.11A dated 10/24/78, which addresses de minimis violations.

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

Sincerely,