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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

March 10, 1993

Ms. Caroline M. Coxon
Special Assistant to
The Honorable Dennis DeConcini
Suite C100
323 West Roosevelt
Phoenix, Arizona 85003

Dear Ms. Coxon:

Thank you for your letter of January 25, on behalf of Senator DeConcini's constituent, Ms. Vickie Martin, concerning customer safety in restaurants.

Ms. Martin expressed her concern about possible injury to customers when employees serve above the shoulder trays of food in hot, iron skillets. The Occupational Safety and Health Administration (OSHA), is concerned with employee safety and does not cover customers; thus, this hazard should be brought to the attention of restaurant owners who are liable for injuries to guests.

We appreciate your continued interest in employee safety and health. If we may be of further assistance, please do not hesitate to contact us.


Roger A. Clark, Director
Directorate of Compliance Programs