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.

February 3, 1984

Mr. Henri Modiano
Chairman
Drum Dispensers of America
950 North Federal Highway
Suite 219
Pompano Beach, Florida 33062

Dear Mr. Modiano:

This is in response to your letter of December 12, 1983, addressed to Mr. Gordon Terroux of our Fort Lauderdale Area Office, requesting confirmation that the Occupational Safety and Health Administration (OSHA) does not have regulations or other reasons to restrict the use of your Drum Dispensers when they are used with nonflammable and noncombustible liquids.

OSHA's standards for flammable and combustible liquids are contained in section 29 CFR 1910.106. Paragraph 29 CFR 1910.106(e)(2)(iv)(d) prohibits the transfer of flammable and combustible liquids by means of air pressure on the container. OSHA has no such standard for nonflammable or noncombustible liquids. Further, to clarify a point made in your letter of March 16, 1983, Class IIIB liquids (those with flashpoints at or above 200 F) would be considered combustible liquids by OSHA. Class IIIB liquids, however, are not regulated by OSHA.

Moreover, as you may be aware, OSHA does not approve, certify, or endorse any product.

If you have any further questions or if we may be of further assistance, please do not hesitate to contact us.

Sincerely,

John B. Miles, Jr., Director
Directorate of Field Operations