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.

October 3, 1988

Edward S. Flynn, President
Flynn Burner Corporation
P.O. Box 431
425 Fifth Avenue
New Rochelle, New York 10802

Dear Mr. Flynn:

This is in response to your letter of August 16, 1988, concerning the acceptability of annual inspections by Flynn Burner Corporation personnel relative to the requirements of 29 CFR 1910.263(l)(9)(ii).

The Occupational Safety and Health Administration (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 manufacturers. Since the impact of a literal interpretation could be profound, OSHA feels that such inspections may be accomplished by qualified representatives of an oven manufacturer who are knowledgeable of the various safety considerations and who are capable of verifying the safe operational characteristics of the equipment.

Flynn Burner Corporation personnel are acceptable to OSHA for the accomplishment of the annual inspections specified at 29 CFR 1910.263(l)(9)(ii), at customer facilities.

If we may be of further assistance, please contact us.

Sincerely,



Thomas J. Shepich, Director
Directorate of Compliance Programs