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.

February 23, 1994

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

Dear Ms. Falls:

This is in response to your letter requesting an interpretation of the Occupational Safety and Health Administration (OSHA) standards addressing the storage of flammable and/or combustible liquids, and use of "dust mask" type respirators in the construction industry. I apologize for the delay in responding to your inquiry.

With regard to storing combustible and flammable liquids inside a building at a construction site, please be advised that the quantity of flammable and/or combustible liquids that can be stored in a building is governed by the method of storage. (See 1926.152(b)). Inside storage of flammable and/or combustible liquids is limited as follows:

1. Not more than 25 gallons of flammable or combustible liquids may be stored in a room outside of an approved storage cabinet.

2. Not more than 60 gallons of flammable (flashpoint below 140 degrees F) or 120 gallons of combustible (flashpoint at or above 140 degrees F) may be stored in any one storage cabinet.

3. Not more than three storage cabinets may be present in a single storage area.

4. Quantities in excess of the above shall be stored in an inside storage room constructed to meet the specifications for the particular stored material (e.g., paint) as set forth in Standard Methods of Fire Test of building Construction and Materials, NFPA 251- 1969.

With regard to respirators, OSHA recently incorporated into Part 1926, those general industry standards deemed by OSHA to be applicable to construction. The requirements of 1910.134 were among the standards incorporated and have been redesignated as 1926.103(d) through 1926.103(i). A copy of the new 1926.103 is enclosed for your further information and guidance.

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,



Roy F. Gurnham, P.E., J.D.
Director
Office of Construction and Maritime Compliance Assistance

Enclosure



July 7, 1993

Office of Construction and
Maritime Compliance Assistance
U.S. Department of Labor-OSHA
Room N 3610
Washington, D.C. 20210

Attention: Roy Gurnham

Reference: Flammable Liquid and "Dusk Mask"

Dear Mr. Gurnham:

In the construction industry, how many gallons of flammable or combustible liquid with a flashpoint of 100 degrees or greater (such as paint) can be stored inside a building?

In construction are "dust mask" (not plastic/rubber cartridge) considered a respirator and if so, must a contractor comply with the requirements of 1910.134?

Thank you for your prompt response to these questions.

Sincerely,



Firstline Safety Management, Inc.
Patricia H. Falls
Executive Vice President