Bakery-oven inspections and safety devices

Mr. Thomas C. Clinton
Varnum, Riddering, Schmidt, & Howlett
Attorneys-At-Law
[Recipient address omitted]

Dear Mr. Clinton:

This is in response to your letter dated February 21, addressed to Mr. William Funcheon, Area Director at the Lansing, Michigan, Occupational Safety and Health Administration (OSHA) Area Office. A response was sent to you by the Chicago Regional Office on March 9. As you needed further clarification, your letter was subsequently forwarded to this office. Your letter requests interpretation of 29 CFR 1910.263(l)(9)(i) and 1910.263(l)(9)(ii) standards pertaining to the inspection of bakery ovens.

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. Since the impact of a literal interpretation could be profound, OSHA feels that such inspections may be accomplished by qualified representatives of an oven manufacturer who are knowledgeable of the various safety considerations and who by training and experience are capable of verifying the safe operational characteristics of the equipment.

OSHA interprets "Safety Devices", as referred to in 29 CFR 1910.263(l)(9) (ii), as fail-safe devices and as components of safety control systems installed to ensure that explosions or explosive conditions are not developed within an oven. Safety devices are installed to automatically shut down the oven in a safe manner in the event of an occurrence of a hazardous condition. As the safety controls installed on the various ovens vary, a list of typical safety controls and devices presented in Table 4-5A (enclosed) of the National Fire Protection Association (NFPA) Fire Protection Handbook (Fourteenth Edition) may further clarify your questions on safety devices.

Your letter states that some of your clients and customers believe that barrier guards are protecting devices. OSHA interprets "Protecting Devices" in this context as devices which protect employees from fire and explosion hazards in the event a safety device as defined above does not eliminate development of a hazardous condition. Examples of protecting devices are explosion vents, automatic fire sprinklers, etc.

As indicated by Mr. James Kontos, Acting Assistant Regional Administrator, Chicago Regional Office, in his letter dated March 9, "Safety Guards" are protective barriers installed to safeguard employees when an oven is in operation and are not considered to be protecting devices as specified under 29 CFR 1910.263(l)(9)(i).

Additional information pertaining to ovens is detailed in NFPA 86 (1985 edition) and Chapter 4 of the NFPA Fire Protection Handbook, Fourteenth Edition.

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

Sincerely,

Patricia K. Clark, Acting Director
Directorate of Compliance Programs

[Enclosed correspondence reproduced on OSHA page; omitted here.]