- 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 http://www.osha.gov.
29 CFR 1910.263(i)(6)(ii)
January 8, 1976
Mr. Peter J. Tobiason
ITT Continental Baking, Inc.
P.O. Box 731
Rye, New York 10580
Dear Mr. Tobiason:
This letter is in response to your inquiry dated August 28, 1975, addressed to Mr. James Knorpp, Area Director of the Tulsa, Oklahoma Office of the Occupational Safety and Health Administration. Your letter was subsequently forwarded to the National Office by memo dated September 23, 1975, through the Dallas Regional Office for a decision. Your letter addressed the problem of transportation racks as covered under 29 CFR 1910.263(i)(6)(ii) for the Bakery Industry.
Based on data provided in your communication, telephone conversations with you and Mr. Robert Anderson, Chairman of the ASBE Safety Committee and first hand information gained while observing the actual operations at a local bakery, it has been decided that transportation racks should be excluded from coverage in the standard.
By a transportation rack it is meant; "the roller mounted rack that is designed and used primarily to transport the finished bakery product from the final conveyor belt operations in the bakery to the various distribution points outside the bakery via over the road trucks." Proof racks used in the main baking processes are not to be considered transportation racks.
Therefore until 1910.263(i)(6)(ii) is changed to read as the proposed revision of the source standard ANSI Z50.1-1971, it will be recommended to the field that this violation be considered de minimis until the standard has been revised. Mr. Knorpp has been informed of this decision.
Thank you for the cooperation extended to the members of the Offices of Compliance Programming and Standards Development during their recent tour of the Wonder Bakery in Washington.
Barry J. White
Associate Assistant Secretary
for Regional Programs