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 22, 1980

Norman C. Fawley, President
NCF Industries
1120 Union Bank Building
Oceangate Financial Center
Long Beach, California 90802

Dear Mr. Fawley:

This is in response to your recent letter regarding value protection for compressed gas cylinders. This also confirms telephone conversations on the subject matter with Mr. Pete Wasko, a member of my staff.

Your letter and submitted documents indicate that you are well aware of the compliance interpretation of the OSHA standard, 29 CFR 1910.252(a)(2)(i)(d) applying to valve protection of industrial compressed gas cylinders. Your particular problem, as you indicate, in the marketing of your valve protection product appears to be the use of the work "cap" instead of "device" in the applicable standards.

Because of the time involved in possible revising the standard to change "cap" to device", you request an administrative interpretation or ruling.

It appears that your device is very similar to the device known as a "salamander cap" which had been accepted by the LP-Gas Industry many years ago and continues in use to this day. This information is substantiated by your DOT Attachment #7 and also by our conversation with Mr. Paul Seay of DOT Materials Transportation Bureau. Based on your previous contact with DOT, Mr. Seay stated that your device meets DOT regulations, in particular the test indicated in their regulation Section 173.301(g)(3). Your DOT Attachment #7 also indicates this.

The OSHA standards, e.q., 29 CFR 1910.252(a)(2)(i)(d) which refer to the value protection cap, do not state any requirements for the design of the cap. It appears that your device meets the intent of value protection required by a cap, collar, or a recession in the cylinder. However, as you know, the Occupational Safety and Health Act of 1970 contains no provision allowing OSHA to endorse, promote or approve any equipment, services, etc., of any kind. Alteration or misapplication of an otherwise safe piece of equipment, for example, could easily create a hazardous condition beyond the control of the manufacturer, for this reason, compliance with the appropriate OSHA standards can only be determined by the Compliance Safety and Health Officer observing it actually in are under specific conditions.

If we may be of further assistance, please call or write.


Bruce Hillenbrand
Acting Director, Federal
Compliance and State Programs