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.

April 30, 1975

Subject: Request for interpretation of 1910.110(d)(13)(i) and (iii)

This is in response to your memo dated March 10, 1975, and telephone conversations between Mr. Kearney and Mr. Carvey and Mr. Gier of our staff, relative to this subject.

There are no specific standards applying to aerosol container charging plants such as the one you describe where cans are filled with paint and an LPG charge. These (paint spray) cans are not considered as part of an LPG System, nor are they primarily as a means of storage.

Information has been received from DOT, Bureau of Explosives, and FDA, that the only requirement for testing of an aerosol can, is to meet the water-thermal test at the charging plant. Enclosed is a copy of an article from the Chemical Specialties Manufacturers Association concerning the manufacture and testing of aerosol cans, that may be of interest.

As to the applicability of 1910.110(d)(i) and (ii), to the type of operation you described, this standard would not apply. "Container Charging Plants" are those operations where containers meeting the definition of Section 1910.110(a)(4), are being charged from a system as defined in Section 1910.110(a)(11).

This operation (paint packaging) is under OSHA jurisdiction and is subject to all of the applicable standards, particularly ie: 1910.110. LPG Storage and Handling and 1910.106(e), Industrial Plants. Application of the General Duty Clause of the Act, (Section 5(a)(1)), is as set forth in the Field Operations Manual (FOM), VIII.A.2.c.(1), Page VIII-4.

In summary, the key to this application is the definition of "container". An aerosol can is not a container in the sense of the definition prescribed in Section 1910.110(d)(4). Therefore your application of Section 1910.110(b)(6)(ii) on Item #6 of Citation #1 of Case #157-75, T-9258, is correct.

John K. Barto,
Chief Division of
Occupational Safety Programming