- 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.
December 28, 1990
Jules Lemieux President
E.T.M.W. Enterprises Ltd.
1025 Cabana, Sherbrooke,
Quebec, Canada J1K 2M4
Dear Mr. Lemieux:
This is in response to your November 13 letter to Mr. Raymond Donnelly of my staff concerning the possibility of recognition by the Occupational Safety & Health Administration (OSHA) of your professional employees as qualified to inspect ovens in satisfaction of the requirements of the 29 CFR 1910.263(l)(9)(ii).
For purposes of compliance with the standard, OSHA considers "representatives of the oven manufacturer" to be qualified persons if they are knowledgeable of the various safety considerations and of the safe operational characteristics of the equipment. They may or may not be employees of the oven manufacturer.
It should be noted that OSHA, having no knowledge of the qualifications of the persons you have in mind, beyond your representations, cannot be responsible for any liabilities that may result from their inspections and recommendations. Nor can OSHA assure your clients that citations will not be issued for safety and health violations found by OSHA after your designees have performed their work.
Thank you for your interest in occupational safety & health. If we may be of further assistance please contact us.
Patricia K. Clark, Director
Directorate of Compliance Programs