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.

November 12, 1976 R-TSA

Your memo of November 9, 1976 [1910.123-1910.126]

Vernon P. Fern, Area Director
Minneapolis Area Office

Your memo asks if [1910.123-1910.126] applies to a liquid with a flash point of 380 degrees F. Our answer: yes.

You also asked if an oil quenching operation falls within the definition of "coating, finishing, treating, or similar processes. Our answer: Yes. Specifically, it falls under the requirements of [1910.126(a)] Hardening and Tempering Tanks.

BARRY J. WHITE
Regional Administrator for
Occupational Safety and Health Administration