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Who may inspect bakery ovens under 29 CFR 1910.263

Summary A company asked whether its staff could be recognized as qualified to inspect ovens for compliance with a bakery-equipment rule. OSHA said representatives of the oven maker could qualify if knowledgeable about the equipment's safety and operation, whether or not employed by the maker. It declined to certify specific people or promise that later inspections would find no violations; the letter is now archived as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-12-28-1
Date issued
December 28, 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OSHA archives this letter and says it may no longer represent OSHA policy.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
Topics
Workplace Safety OSHA 1910 Bakery Equipment Inspections
Source
View the official document

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OSHA archives this letter and says it may no longer represent OSHA policy.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 Treat this page as historical context, not current guidance, and verify current law before relying on anything here.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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

December 28, 1990

Jules Lemieux President
E.T.M.W. Enterprises Ltd.
[Recipient address omitted]
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.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs

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