Qualified inspectors for annual bakery oven checks

April 24, 1998

Mrs. Gloria C. Kozyra
President
American Bakers Cooperative, Inc.
[Recipient address omitted]
Dear Mrs. Kozyra:

This is in response to your letter of April 15, addressing a July 7, 1997 letter to Mr. Raymond E. Donnelly of my staff, concerning the requirements of the Occupational Safety and Health Administration (OSHA) standard at 29 CFR 1910.263(l)(9)(ii) addressing annual inspections of bakery ovens. We regret the delay in responding to your inquiry. As in our previous correspondence with you dated May 23, 1990, on a similar inquiry, our response is as follows:

The OSHA standard at 29 CFR 1910.263(l)(9)(ii) specifies that the annual inspections of bakery ovens shall be conducted by representatives of the oven manufacturer. OSHA considers "representatives of the oven manufacturer" to be qualified persons who 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.

Based upon the experience possessed by your company representative, Mr. Hibdon, Jr., as indicated in your letter, OSHA under the policy of "de minimis" violations would consider him to be qualified to conduct the annual inspections of the bakery ovens specified at 29 CFR 1910.263(l)(9)(ii), at your members' establishments. "De minimis" violations are violations of existing OSHA standards which have no direct or immediate relationship to safety and health. Such violations would result in no citations.

It should be noted that since OSHA does not have knowledge of Mr. Hibdon's qualifications nor of his inspection results and recommendations beyond your representation, OSHA cannot be responsible for any liabilities that may result from his inspections nor can we assure his clients that no citations for other safety and health violations will result if OSHA inspects their establishments.

Thank you for your interest in safety and health. If we may be of further assistance, please contact Wil Epps, at (202) 219-8041.

Sincerely,

John B. Miles, Jr. Director
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]