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.

August 8, 1973


To:		Field and National Office

Subject:	Applicability of Section 1910.106 to Wineries.












  1. Purpose. To provide information and guidance on applicability of Section 1910.106 to wineries.
  2. Background. There have been questions from one of the large wine producing areas concerning:



    1. The applicability of Section 1910.106 to wineries.



    2. If applicable, under what Paragraph?
    3. If applicable, would the final containment of the wine in tanks or vats prior to bottling be considered as storage or as part of the processing of the wine?
  3. Action. It is the interpretation of the Office of Standards that:



    1. Section 1910.106 is applicable to wineries.



    2. The appropriate Paragraph is 1910.106(i), refineries, chemical plants, and distilleries.
    3. The final containment of wine in vats or tanks prior to bottling is part of the processing procedure rather than storage. Therefore, Subparagraph 1910.106(i)(4), location of process units is applicable rather than 1910.106(i)(1), Storage tanks.
  4. Cancellation: This notice is effective immediately and will remain in effect until superseded or canceled.


Office of Standards