Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

February 23, 1990

Mr. W.E. Lanham, Jr., P.E.
B. Lanham Bakery Solutions, Inc.
2080 Silversmith Lane
Stone Mountain, GA 30087

Dear Mr. Lanham:

This is in response to your letter of October 16, describing your background and experience to be qualified to conduct annual inspections of the bakery ovens required under the Occupational Safety and Health Administration (OSHA) standards at 29 CFR 1910.263(l)(9)(ii). You requested from OSHA the requirements necessary to conduct such inspections. We apologize for the delay in our 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 manufacturers. OSHA considers "representatives of an oven manufacturers" as referenced in the OSHA standard as qualified representatives of an over manufacturer who are knowledgeable of the various safety considerations and of the safe operational characteristics of the equipment.

Based upon your professional background and experience as represented in your letter, which indicated your involvement in the design, manufacture, and installation of bakery ovens, OSHA under the policy of de minimis violations would consider you to be qualified to conduct annual inspections of bakery ovens as required under the OSHA standard at 29 CFR 1910.263(l)(9)(ii). A copy of the de minimis violation policy is enclosed.

It should be noted that since OSHA does not have knowledge of your qualifications beyond your representations nor of your 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 the other safety and health violations will result if OSHA inspects their establishments after you have performed yours.

Thank you for your interest in safety and health. If we may be of further assistance, pleased contact us.


Patricia K. Clark
Director Designate
Directorate of Compliance Programs