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.

September 26, 1986

 
MEMORANDUM FOR: LINDA R. ANKU
REGIONAL ADMINISTRATOR
 
FROM: JOHN B. MILES, JR., DIRECTOR
DIRECTORATE OF FIELD OPERATIONS
 
SUBJECT: Handling and Use of Flammable Liquids
 

This is in response to your memorandum concerning the Paramont Packing Corporation and an on-going inspection by the Philadelphia Area Office. It also confirms discussions between Joe Bode and Walt Siegfried.

Based upon the information presented in your memorandum, the company appears to use flammable liquids incidental to their principle business. Therefore, the regulations of 1910.106(e)(2) would be applicable. Section 1910.106(e)(3) appears to be inapplicable, since the flammables are not used in unit physical operations, such as those described by the standard.

Containers of flammable ink and adhesive at the Paramont Packing Corporation which are necessary for a day's operation are not considered to be stored flammables. Such in-use flammables are not a citable violation of the standards at 29 CFR 1910.106(d) or (e). The current NFPA 30 Code clarifies this circumstance as follows: " The quantity of liquid that may be located outside of an inside storage room or storage cabinet or in any one fire area of a building, shall not exceed...A supply for one day." Violations of 29 CFR 1910.106(e)(2)(ii)(b) are de minimis violations, if no more than a one day supply of flammable liquid is located in the production area.

The handling of flammable liquids at the point of final use need to be in compliance with 1910.106(e)(2)(iv).