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.

July 19, 1989

MEMORANDUM FOR:   GILBERT J. SAULTER
                 Regional Administrator

THRU:             LEO CAREY, Director
                 Office of Field Programs

FROM:             PATRICIA K. CLARK, Acting Director
                 Directorate of Compliance Programs

SUBJECT:          Clarification of 29 CFR 1926.152(a)(1) regarding the
                 term "approved"

This is in response to your request for a clarification of 29 CFR 1926.152(a)(1) regarding the term "approved," when explaining the type of container that can be used for handling and using flammable liquids in quantities greater than one gallon.

29 CFR 1926.32(c) provides that "approved" means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a fully constituted and a nationally recognized authority or agency. Therefore, plastic containers, which are approved by Underwriters Laboratories (UL) or Factory Mutual (FM), as containers of flammable liquids in quantities greater than one (1) gallon, can be accepted by OSHA as "approved."

If you need additional information or assistance, please contact Gerald P. Reidy, Director, Office of Construction and Maritime Compliance Assistance of my staff at FTS 523-8124.