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.

November 23, 1993

Ms. Gloria C. Kozyra, President
American Bakers Cooperative, Inc.
Post Office Box 308
Clifton, New Jersey 07011

Dear Ms. Kozyra:

This is in response to your letter of October 18, in which you sought an interpretation from the Occupational Safety and Health Administration (OSHA) on the meaning of "direct recirculating ovens" as the term is used in our 29 CFR 1910.263(l)(11)(i), Bakery equipment standard.

OSHA adopted the American National Standards Institute's (ANSI's) Z50.1-1947, Safety Codes for Bakery Equipment standard when it promulgated its 1910.263 standard, and accepts the meaning of the term as defined by ANSI. ANSI defines direct recirculating ovens as those ovens that have heating systems consisting of one or more heaters (located inside or outside the baking chamber), each heater being equipped with a burner. The products of combustion are mixed with spent gases returned from the oven. Combustion gases are circulated through the heater and oven chamber by a fan. An overflow or vent removes part of the spent combustion gases added by the burner.

We hope that the information provided will provide to you a clearer understanding of the term. The definition was not changed in either the Z50.1-1947 or the most current (Z50.1-1988) edition. If you or Mr. Hibdon have any additional concerns, please feel free to contact Mr. James C. Dillard of my staff, at (202) 219-8031.

Sincerely,



Raymond E. Donnelly, Director
Directorate of Compliance Programs