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.

June 14, 1977

Mr. A. E. Ada, Jr.,
Manager Marketing Department
Distribution and Engineering
Exxon Company, U.S.A.
Post Office Box 2180
Houston, Texas 77801

Dear Mr. Ada:

This is in response to your communication of April 15, 1977, requesting the issuance of a Program Directive to clarify the applicability of certain Occupational Safety and Health Administration (OSHA) standards.

The Flammable and Combustible Liquids standards, 29 CFR 1910.106(b)(5)(ii) and 29 CFR 1910.106(f)(3)(i), were promulgated as occupational safety and health standards under Section 6(a) of the Occupational Safety and Health Act of 1970. These standards were based on a national consensus standard, NFPA No. 30-1969. However, the OSHA standard did not adopt the foreword to the source standard because it is in not legitimately part of an OSHA standard. Furthermore, these standards do serve to protect the health and safety of employees. The fact that they also protect adjoining property and insure public safety does not diminish the necessary protection afforded employees. Therefore, there is no need to clarify these standards through the issuance of a Program Directive.

A copy of your correspondence is being forwarded to the Office of Civil and Fire Safety Standards to be considered in any future revisions of 29 CFR 1910.106.

Thank you for your concern and continued interest in occupational safety and health. If I may be of any further assistance, please feel free to contact me.


Eula Bingham
Assistant Secretary
Occupational Safety and Health