Issue link: http://palletcentral.uberflip.com/i/1212207
34 PalletCentral • January-February 2020 palletcentral.com defense to "failure to guard" the fact that equipment was purchased without guards in place. In certain cases, failure to install point-of- operation guards can be defended by the employer where application of guards would interfere with the operation of the equipment as designed, or present a greater hazard. In such cases, safe work practices coupled with employee training, may be acceptable to OSHA for equipment such as some bandsaw systems or pallet dismantling machines. NWPCA worked out a system of such practices with OSHA under an alliance during the Bush Administration, and if a member is cited and was following the practices, OSHA will usually vacate any citation once this is brought to their attention. For abatement of OSHA citations (or to prevent them in the first place which is less costly), it may be necessary to retrofit equipment by manufacturing guards, or buying after market or OEM parts, as some manufacturers do offer supplemental guards as options. Normally, manufacturers will not certify that equipment meets OSHA requirements, as equipment can be marketed internationally where standards can differ. In some cases, manufacturer manuals may incorporate by reference voluntary consensus standards from groups like ANSI and ASTM, and these standards should also be reviewed by the employer for "best practice" ideas. OSHA is legally limited to enforcement of the codified guarding standards and cannot go beyond this, but for situations involving the "general duty clause" (where a specific standard does not apply to a unique situation) OSHA will infer employer knowledge from such handbooks and consensus standards. Finally, because OSHA can also use the data submitted by manufacturers online through its electronic recordkeeping system, to capture which locations in which NAICS code are having higher than average rates of injury within a state or region, these worksites can be selected for inspection under OSHA's 2018 revamped "Site Specific Targeting Program" – even if they fall outside one of the NEPs. Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or phone: 301-595-3520.