- Standard Number:
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. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
April 5, 1990
Mr. Russell W. Cook President Bakery Services, Inc. 4290 Leola Road Douglasville, Georgia 30135
Dear Mr. Cook:
This is in response to your letter of December 11, 1989, addressed to Mr. Joseph Bode of my staff, concerning the acceptability of annual inspections of bakery ovens by Bakery Services Inc., as required under the Occupational Safety and Health Administration (OSHA) standards at 29 CFR 1910.263(l)(9)(ii). We apologize for the delay in this response.
The OSHA standard at 29 CFR 1910.263(l)(9)(ii) specifies that annual inspections of bakery ovens shall be conducted by representatives of the oven manufacturer. OSHA considers "representatives of the oven manufacturer" as the qualified representatives of an oven manufacturer who are knowledgeable of the various safety considerations and of the safe operational characteristics of the equipment.
Based upon the experience possessed by your company representatives as indicated in your letter, OSHA under the policy of de minimis violations would consider them to be qualified to conduct the annual inspections of the bakery ovens specified at 29 CFR 1910.263(l)(9)(ii), at customer facilities. A copy of the de minimis violation policy is enclosed.
It should be noted that since OSHA does not have knowledge of your representatives' qualifications beyond your representation nor of your company's inspection results and recommendations, OSHA can not be responsible for any liabilities that may result from your inspections nor can we assure your clients that no citations pertaining to other safety and health violations will result if OSHA inspects their establishments.
Thank you for interest in safety and health. If we may be of further assistance, please contact us.
Sincerely,
Patricia K. Clark Director Designate Directorate of Compliance Programs
Enclosure