240.14 says the OCPD "shall be located at the point where the conductors receive their supply except as specified in 240.21(A) through (H)."
That makes these a tap. This might be "hold your nose legal" but it is not the intent of taps.
I will defer to the guys here who do the plan reviews to see if they think this is OK or normal. A lot would depend on how long the unprotected "tap" was and how it was protected. If this is a fairly short run, in pipe that terminates in a OCPD sized to the conductor I would probably be OK with it. You are really only worried about short circuit protection there, not overloads since the load side OCPD provides that. In a bolted fault situation I imagine the primary OCPD would operate before the transformer melted.
