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.

October 28, 1992

Patricia H. Falls
Vice President
Firstline Safety Management, Inc.
P.O. Box 230
Lovellsville, Virginia 22080

Dear Ms. Falls:

This is in response to your September 14 letter to Dorothy Strunk, Acting Assistant Secretary of the Occupational Safety and Health Administration requesting interpretation of 29 CFR 1926.152(a)(1). Your question and our response follows.

Question: If a contractor has 10- 1 gallon containers of a flammable liquid in its original container, is it allowed on the job site in this manner?

Reply: Yes. Flammable liquid in the ten, one gallon, original containers may be stored, used and handled at a construction worksite in compliance with 29 CFR 1926.152(a)(1).

As you may be aware, the Virginia Department of Labor and Industry operates its own occupational safety and health program under a plan approved by the U.S. Department of Labor. Virginia's construction standards are identical to the Federal OSHA standards. Should you have questions regarding enforcement operations in Virginia, the Department of Labor and Industry may be contacted at the following address:

                       Carol Amato, 
                       Commissioner Virginia 
                       Department of Labor and
                       Industry Powers-Taylor Building 
                       13 South 13th Street 
                       Richmond, Virginia  23219

                       Telephone:  (804) 786-2376

Thank you for your interest in occupational safety and health. If we may be of further assistance please contact us.

Sincerely,



Roger A. Clark,
Director
Directorate of Compliance Programs