July 19, 1989
MEMORANDUM FOR: GILBERT J. SAULTER
THRU: LEO CAREY, Director
Office of Field Programs
FROM: PATRICIA K. CLARK, Acting Director
Directorate of Compliance Programs
SUBJECT: Clarification of 29 CFR 1926.152(a)(1) regarding the
This is in response to your request for a clarification of 29 CFR
1926.152(a)(1) regarding the term "approved," when explaining the type of
container that can be used for handling and using flammable liquids in
quantities greater than one gallon.
29 CFR 1926.32(c) provides that "approved" means sanctioned, endorsed,
accredited, certified, or accepted as satisfactory by a fully constituted and
a nationally recognized authority or agency. Therefore, plastic containers,
which are approved by Underwriters Laboratories (UL) or Factory Mutual (FM),
as containers of flammable liquids in quantities greater than one (1) gallon,
can be accepted by OSHA as "approved."
If you need additional information or assistance, please contact Gerald P.
Reidy, Director, Office of Construction and Maritime Compliance Assistance of
my staff at FTS 523-8124.