OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 17, 1972

Mr. John F. McCarren
General Counsel
Distilled Spirits Institute
1132 Pennsylvania Building
Washington, D.C. 20004

Dear Mr. McCarren:

In your letter of March 9, 1972 commenting on the proposed rule-making for 29 CFR 1910.106(d)(2)(iii), you also asked for confirmation of the exemption applied to beverages.

29 CFR 1910.106(d)(1)(ii)(d) exempts beverages packaged in units of 1 gallon or less from the requirements of paragraph(d). Since 1910.106 applies only to flammable or combustible liquids, the exemption would apply to alcoholic beverages that meet either the test for flammable liquids (1910.106(a)(19)) or the test for combustible liquids (1910.106(a)(18)). Alcoholic beverages which are not flammable under these tests are not subject to 1910.106 at all.


John P. O'Neill
Chief, Division of General
Industry Standards
Office of Standards Development