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 6, 1977

 
MEMORANDUM FOR: ROBERT C. TICE, JR.
Regional Administrator
 
ATTENTION: C. R. HOLDER
Assistant Regional Administrator for Technical Support
 
THRU: DONALD E. MACKENZIE
Field Coordinator
 
FROM: RICHARD P. WILSON
Deputy Director Federal Compliance and State Programs
 
SUBJECT: Applicability of 29 CFR 1910.107 Spray Finishing Using Flammable and Combustible Materials as Referenced in 29 CFR 1910.94(c) Spray Finishing Operations
 

This is in response to your memorandum of August 26, 1977, regarding the applicability of 29 CFR 1910.107 as referenced in 29 CFR 1910.94(c).

Where 29 CFR 1910.94(c) references certain standards in 29 CFR 1910.107 and/or NFPA No. 33-1969, these referenced standards are applicable only when flammable and/or combustible finishing materials are applied as a spray. This opinion is based on 29 CFR 1910.107(n) Scope and NFPA No. 33-1969 Scope, paragraphs 1. and 4.

It should be noted that certain water base mixtures or water-emulsion liquids may have highly combustible residues upon evaporation of the liquid carrier. In these cases, the reference standards for minimizing the hazards of combustible residues should be followed irrespective of the characteristics of the liquid. Otherwise, a violation of Section 5(a)(1) of the Act would be considered.

The allegation raised in the fifth paragraph of your memorandum will be addressed under separate cover.