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.

December 5, 1991

MEMORANDUM: JAMES W. STANLEY
REGIONAL ADMINISTRATOR
   
THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
   
FROM: PATRICIA CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
   
SUBJECT: CPL 2.73, Fireworks Manufacturing

This memorandum is in response to your October 9 memorandum, forwarding an October 2 memorandum, from the Parsippany Area Director, requesting clarification of the subject directive. At issue is the CPL 2.73 direction which prohibits citing, but requires referral, of violations subject to Bureau of Alcohol Tobacco and Firearms (BATF) jurisdiction. In the Parsippany Area Director's memorandum, hazards are described, by example, in the context of not being addressed by BATF regulations but being the subject of 29 CFR 1910.109(c) standards. Clarifications as to the applicability of BATF regulations, specifically with respect to the examples cited in the Parsippany Area Director's memorandum, follow. Please note that CPL 2.73 currently is being revised for clarifications and interpretation of BATF regulations as revised on February 5, 1990.

Example 1: BATF regulations do not address ventilation in Type IV magazines.

Clarification: Please note that, by 27 CFR 55.207 and 208 construction regulations, BATF explicitly requires ventilation of type 1 and type 2 magazines. Implicitly, BATF does not require type 3 and type 4 magazine ventilation, which is not addressed at corresponding 27 CFR 55.209 and 210 construction regulations.

Example 2: BATF regulations do not address the storage of commodities in magazines.

Clarification: Magazines are to be kept free of commodities, such as cardboard, wooden pallets and other combustible items, as specified in the BATF Housekeeping regulations at 27 CFR 55.215

Example 3: BATF regulations do not address the posting of warning signs.

Clarification: With reference to 27 CFR 55.211(a)(5), BATF requires placards, which meet Department of Transportation regulations, to be displayed on all type 5 outdoor magazines. By 27 CFR 55.203(e), type 5 magazines are used for the storage of blasting agents. To avoid unwanted attention, BATF does not require other warning signs to be displayed on the exterior of magazines. Otherwise, warning signs at commercial fireworks plants are subject to Occupational Safety and Health Administration regulations as specified in CPL 2.73.