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.

September 16, 1992

Mr. R.E. Trinkl
Corporate Regional Manager
Safety and Security Outboard
Marine Corporation
100 Sea-Horse Drive
Waukegan, Illinois 60085-6200

Dear Mr. Trinkl:

This is in response to your letter of August 4, addressed to Regional Administrator Michael Connors, in which you asked if the Occupational Safety and Health Administration (OSHA) agrees with your interpretation that gasoline, used as a fuel to test run inboard and outboard engines at your facility, does not fall within the scope of 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals. This standard was published as a Final Rule in the February 24, 1992, Federal Register.

We agree with your interpretation that gasoline used in the manner you described in your letter does not fall within the scope of 1910.119, because it is used as a fuel in the situation you described and thus meets the exception at .119(a)(1)(ii)(A). However, other OSHA standards, such as 1910.106, Flammable and combustible liquids, would apply.

If you have any additional questions, please feel free to contact James C. Dillard, of my staff, at (202) 523-8041.


Patricia K. Clark, Director
Directorate of Compliance Programs