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February 2, 1994

Mr. Edward J. Hayden
Safety Director
Milwaukee Construction Industry
Safety Council
2600 North Mayfair Road
P.O. Box 26569
Milwaukee, Wisconsin 53226

Dear Mr. Hayden:

This is in response to your letter of November 19, 1993 regarding the Occupational Safety and Health Administration's (OSHA) requirements for containers used for storage and handling one gallon or less of flammable liquids such as gasoline. I apologize for the delay in responding to your inquiry.

As discussed in your conversation with Mr. William Tschappat of my staff, any metal or plastic container listed or approved by Underwriters Laboratories (UL) or Factory Mutual Engineering Corporation (FM) may be used for the handling and storage of one gallon or less of gasoline. At the present time, UL and FM are the only Nationally Recognized Laboratories approved by OSHA to test this type of equipment.

For your reference, we have enclosed OSHA Instruction STD 3- 4.1A - De Minimis for Absence of a Flame Arrestor Screen in a Safety Can, and a memorandum to Regional Administrator Gilbert J. Saulter clarifying 29 CFR 1926.152(a)(1) regarding the term "approved."

If we can be of any future assistance please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,



Roy F. Gurnham, P. E., J.D.
Director
Office of Construction and Maritime
Compliance Assistance


Enclosures



November 19, 1993

Roy Gurnham
Office of Construction Compliance
200 Constitution Avenue N.W.
Washington, D.C. 20210

RE: Containers for quantities of gasoline under one gallon

Dear Mr. Gurnham:

The purpose of this letter is to obtain, in writing, a confirmation of a discussion I had this week with Mr. William Tschappat.

The substance of the discussion was that the use of metal or plastic containers (other than approved metal safety cans) designed to hold gasoline was acceptable practice under 1926.152(a) as long as:

1. The quantity of gasoline was one gallon or less.
2. The container was properly labeled.
3. The container was listed or approved by UL, FM or equivalent.

Please confirm the correctness of our understanding.

Sincerely,



Edward J. Hayden
Safety Director