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.

May 16, 1986

Ulrich H. Koch, Chief Engineer
Nupro Company
4800 East 345th Street
Willoughby, Ohio 44094

Dear Mr. Koch:

This is in response to your recent request for an interpretation of the acceptability of the Nupro 316-DC-RD cylinder valve, drawing enclosed, relative to the Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1910.

As you are aware, OSHA regulates the use of compressed gas cylinders on which an outlet valve is affixed, per 29 CFR 1910.101. Under that standard compressed gas cylinders are required, as a minimum, to comply with Compressed Gas Association (CGA) Pamphlets P-1-1965, C-6-1968 and C-8-1962. Further, the regulation requires that compressed gas cylinders have pressure relief devices in accordance with CGA Pamphlets S-1.1-1963 and 1965 addenda and S-1.2-1963.

The Occupational Safety and Health Act (the Act) was not intended to suppress the ingenuity of our industry, but rather to assure safe and healthful workplaces for our workers. In that regard, new technology which provides for improved safety, health and industrial productivity is not in conflict with the Act and may provide acceptable alternatives.

It is understood that, as a minimum, the Nupro valve (part number 316-DC-RD) is equipped as follows:

1. The pressure relief device conforms to the specifications of the CGA Pamphlets S-1.1-1963 and 1965 addenda, S-1.2-1963, and with 49 CFR 100-199.

2. The valve inlet connection conforms to the specifications of the American National Standards Institute, Inc. (ANSI B57.1-977) for a standard NGT thread.

3. The outlet connection utilizes a "keyed VCR" outlet fitting which meets the requirements of CGA Pamphlet P-1-1965, Section 3.4.

The OSHA standards at 29 CFR 1910.101(b) adopt the CGA Pamphlet P-1-1965, copy enclosed. A review of the adopted standard reveals that use of the Nupro valve, P/N 316-DC-RD, is not in conflict with the requirements. Therefore, proper use of the Nupro valve, P/N 316-DC-RD, is not in violation of the OSHA standards at 29 CFR 1910.101.

Alteration or misapplication of an otherwise safe piece of equipment could create a hazardous condition beyond the control of the manufacturer. Compliance of a device or process with the Act can only be determined by the safety or health professional when related to the specific use circumstances. Therefore, users of the Nupro valve with compressed gas cylinders should be cautioned to train employees in the proper applications of the valve in accord with manufacturer's recommendations and requirements. Procedural and administrative controls which assure employee safety and health are mandatory under the Act.

If we may be of further assistance, please contact me.

Sincerely,



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