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.

July 28, 1982

William J. Moriarty, P.E.
Project Engineer
American Standards Testing Bureau, Inc.
40 Water Street
New York, New York 10004

Dear Mr. Moriarty:

Thank you for your letter of June 30, 1982, requesting information on OSHA's fire safety standards, citations, and accidents statistics on kettles for your fire safety design study of pumper type asphalt towing kettles. This also confirms a telephone discission on the subject matter between Mr. Charles Coleman, a member of your staff, and Mr. Peter Wasko, a member of our staff.

In reference to your questions numbered 1, 2, and 4, OSHA has no standards for specific design features of such kettles, nor does it have any standards specifically addressing such kettles. Hence, OSHA would not have the kind of information requested in the next to the last paragraph of your letter.

In reference to your question #3, the CFR 1926.152(g)(2) standard applies to tank trucks, not towing kettles. However, since you ask whether NFPA No. 385 applies to towing kettles in principles, we suggest that you contact the NFPA-385 Committee to interpret the intent of their NFPA-385 standard in this regard.

As a final comment, we suggest that you self-evaluate the applicability of your situation to the requirements for flammable and combustible liquids in 29 CFR 1926.152. In particular, note the approval requirements in 29 CFR 1926.152 as indicated below:

    (a)(1) -  Only approved containers and
              portable tanks shall be used for
              storage and handling of flammable
              and combustible liquids:

    (e)(3) -  Flammable or combustible liquids
              shall be drawn from or transferred
              into vessels, containers, or tanks
              within a building or outside only
              through a closed piping system,
              from safety cans, by means of a
              device drawing through the top, or
              from a container, or portable
              tanks, by gravity or pump, through
              an approved self-closing valve.
              Transferring by means of air
              pressure on the container or
              portable tanks is prohibited; and

    (e)(5) -  Dispensing devices and nozzles for
              flammable liquids shall be an
              approved type.

Should you have any additional questions, please do not hesitate to contact us.


Patrick R. Tyson
Federal Compliance and State Programs