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.

March 29, 1976

Mr. Salvatore J. Capitummino
Assistant Managing Director
The Building Industry Employers
of New York State
6 Airline Drive
Albany, New York 12205

Dear Mr. Capitummino:

This is in response to your letter which requests clarification on 1926.152(a)(1) which references 1926.155(a) on the definition of "approved".

Your letter quotes 1926.152(a)(1) correctly but omits two critical statements from 1926.155(a). The fact remains that Underwriters Laboratories and Factory Mutual Research Corp. are the two laboratories that test and list approved containers. In addition, the U. S. Department of Transportation, 7 and D Streets, S. W., Washington, D. C. 20950 approves containers for transportation of flammable materials. Any one of these organizations can supply lists of products tested and listed by them. The Compliance Officer will make note of the presence or absence of the UL or FMRC or DOT label on containers holding flammable substances.

Please feel free to contact us if there are further questions about OSHA.

Sincerely,



Alfred Barden
Regional Administrator
Occupational Safety and Health