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Qualifications for annual bakery oven inspectors

Summary A bakery oven service company asked whether its staff could perform annual inspections that the OSHA standard assigned to oven manufacturers' representatives. OSHA said qualified, knowledgeable company personnel could be treated as acceptable under its de minimis policy based on the experience described. It did not verify their qualifications or promise customers freedom from other citations. OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-04-05-0
Date issued
April 5, 1990
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 9, 2026

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The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

April 5, 1990

Mr. Russell W. Cook
President
Bakery Services, Inc.
[Recipient address omitted]
Dear Mr. Cook:

This is in response to your letter of December 11, 1989, addressed to Mr. Joseph Bode of my staff, concerning the acceptability of annual inspections of bakery ovens by Bakery Services Inc., as required under the Occupational Safety and Health Administration (OSHA) standards at 29 CFR 1910.263(l)(9)(ii). We apologize for the delay in this 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 manufacturer. OSHA considers "representatives of the oven manufacturer" as the qualified representatives of an oven manufacturer who are knowledgeable of the various safety considerations and of the safe operational characteristics of the equipment.

Based upon the experience possessed by your company representatives as indicated in your letter, OSHA under the policy of de minimis violations would consider them to be qualified to conduct the annual inspections of the bakery ovens specified at 29 CFR 1910.263(l)(9)(ii), at customer facilities. A copy of the de minimis violation policy is enclosed.

It should be noted that since OSHA does not have knowledge of your representatives' qualifications beyond your representation nor of your company's 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 other safety and health violations will result if OSHA inspects their establishments.

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

Sincerely,

Patricia K. Clark Director Designate Directorate of Compliance Programs

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