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 http://www.osha.gov.

October 14, 1975

Mr. Theodore R. Wellen, Sr.
Safety and Sanitation Engineer
Wine Institute,
717 Market Street
San Francisco, California 94103

Dear Mr. Wellen:

This is in response to your letter dated July 21, 1975, which was forwarded to the National Office for an interpretation.

A complete review of the information provided by your office has been completed by the Occupational Safety and Health Administration, and the following decisions were reached:

1. Wine that is in the aging process will be treated as a processing operation and not storage.

2. Wine in storage which does not have a fire point when tested by the Cleveland Fire Point method (copy enclosed), would not be considered a flammable or combustible liquid and therefore would not be covered by 29 CFR 1910.106.

If I or my staff may be of further assistance, please feel free to contact me.

Sincerely,



John K. Barto, Chief
Division of Occupational Safety Programming