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.

February 21, 1977

Mr. Harold Simons
Director of Production
Billings Energy Corporation
2000 North Columbia Lane
P. O. Box 555
Provo, Utah 84601

Dear Mr. Simons:

Your letter of August 11, 1976, to the Salt Lake City Area Office of the Occupational Safety and Health Administration (OSHA) has been forwarded to the National Office for a reply. Your letter was in regard to newly developed Hydrogen Storage Cylinders.

In your letter you have stated that you petitioned the Department of Transportation (DOT) regarding exemptions from their regulations. OSHA in 29 CFR 1910.101(a) states:

"Each employer shall determine that compressed gas cylinders under his control are in a safe condition to the extent that this can be determined by visual inspection. Visual and other inspections shall be conducted as prescribed in the Hazardous Materials Regulations of the Department of Transportation (49 CFR Parts 171-179 and 14 CFR Part 103). Where those regulations are not applicable, visual and other inspections shall be conducted in accordance with Compressed Gas Association Pamphlets C-6-1968 and C-8-1962."

Since OSHA has adopted by reference DOT's rules and regulations concerning compressed gas cylinders, any exemptions granted by DOT would be acceptable to this agency.

If I may be of any further assistance, please feel free to contact me.


Richard P. Wilson
Deputy Director,
Federal Compliance and State Programs