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.

January 6, 1989

The Honorable Andy Ireland
Member, United States House of Representative
Post Office Box 8758
Lakeland, Florida 33806

Dear Congressman Ireland:

This is in response to your letter dated December 9, addressed to Ms. Ruth Knight, Director, Office of Intra-Governmental Affairs, on behalf of your constituent, Mr. Richard Peterson. Mr. Peterson requested information concerning the Occupational Safety and Health Administration (OSHA) requirements at 29 CFR 1910.263(l)(9)(ii) relative to required annual inspections of bakery ovens.

Bakery ovens are required to be inspected at least twice monthly by an especially appointed, properly instructed bakery employee, and not less than once a year by representatives of the oven manufacturers. This requirement has existed since the standard was adopted on May 29, 1971. A copy of 29 CFR 1910.263 is enclosed.

Mr. Peterson may conduct the monthly inspections on behalf of various employers, if the employers so engage him. However, should he desire to conduct the annual inspections, he would need to be designated as an authorized representative of the oven manufacturer. In the event that he obtains such written authorizations from the various manufacturers, OSHA would accept the annual inspections as meeting the standard.

If I may be of further assistance, please contact me.

Sincerely,



John A. Pendergrass
Assistant Secretary