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.

December 26, 1974

James T. Knorpp, Area Director
Tulsa Area Office

In answer to your request pertaining to the use of gasoline filled 55-gallon drums transported on a pickup truck and dispensed by means of a hand pump for refueling vehicles or filling 5-gallon tanks from the drums, I submit the following.

This type of operation is permissible if, in fact, the drums are approved as defined in 29 CFR 1926.155(a) and as required by 29 CFR 1926.152(a)(1). The equipment and operation involved must also comply with the applicable requirements of 29 CFR 1926.152(e).

Generally, 29 CFR 1926.152(g) is addressed to fixed or designated service and refueling areas; however, this could also be any place on the construction site where a vehicle and/or equipment is being serviced or refueled.

The information contained in the request is too general to state specific standards that may appropriately apply under certain conditions. The point in question must be related to when, where, what, how and the volume of gasoline being dispensed or transferred for fueling or refueling purposes. Therefore, consideration should be given, but not limited, to the standards listed below since they must be evaluated and judged on a case-by-case basis.

           1. 29 CFR 1926.151(a)(3) 
           2. 29 CFR 1926.152(d)(4) 
           3. 29 CFR 1926.152(e)(1) thru (5) 
           4. 29 CFR 1926.152(g)(8) thru (11)




Associate Assistant
Regional Director for Technical Support