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 26, 1975

Mr. Robert B. Page
Assistant Project Manager
Morrison-Knudsen & Associates
P.O. Box 9988 Chevy Chase Branch
Washington, D.C. 20015

Dear Mr. Page:

Your letter dated January 20, 1975, requesting a permanent variance from Section 1926.904(d) and (e) Storage of Explosives and Blasting Agents, of the Occupational Safety and Health Regulations for Construction has been received from our Philadelphia Regional Office.

You have stated that you propose to store explosives and blasting caps at your worksite underground in the D.C. Metro System. These explosives are to be brought to the worksite at 7:00 a.m. each workday and any remaining explosives will be removed at the end of the workday, or no later than 11:00 p.m.

We have concluded that if the quantity of explosives taken to the underground holding area does not exceed the amount estimated to be necessary for the day's blasting, and the removal of the excess is removed as you have indicated, you do not have permanent storage. Therefore, your request for a variance is unnecessary.

Regarding the storage of the explosives while awaiting use, we suggest that the applicable provisions of the Internal Revenue Service regulations contained in 29 CFR 181, Commerce in Explosives be fully implemented. In addition, the local authority having jurisdiction over the storage and use of explosives should be consulted.

No further action will be taken on your request for a variance from Section 1926.904(d) and (e).


Barry J. White
Associate Assistant Secretary for
Regional Programs