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 9, 1991

Mr. Richard F. Andree
Executive Vice President
Safety and Health Management Consultants, Inc.
161 William Street
New York, New York 10038

Dear Mr. Andree:

Thank you for your letter of June 6, requesting confirmation that 1910.107(b)(6) is, in fact, an Occupational Safety and Health Administration (OSHA) requirement and, if so, an explanation of the hazard it is designed to control.

The 1910.107(b)(6) standard was part of the NFPA-33-1969 standard adopted into the OSHA standards in the early years of the agency's existence under Section 6(a) of the Occupational Safety and Health Act. Subsequently, this provision was deleted from NFPA-33 when revised in 1985.

Based on our review of the revised NFPA standard and because there is no apparent hazard, 1910.107(b)(6) is subject to OSHA's policy of de minimis violations. This means the employer will not be penalized simply because the spray booth does not have a metal deflector or curtain which complies with 1910.107(b)(6). A technical violation of the standard would exist but no citation would be issued, and the employer would not have to take corrective action.

We appreciate your interest in employee safety and health. If we can be of further assistance, please do not hesitate to contact us.


Gerard F. Scannell
Assistant Secretary