- Standard Number:
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.
August 17, 1994
Ms. Patricia H. Falls Executive Vice President Firstline Safety Management, Inc. P.O. Box 230 Lovettsville, VA 22080
Dear Ms. Falls:
This is in response to your June 27 letter regarding the Occupational Safety and Health Administration requirements for the storage of diesel fuel and kerosene at construction sites. I apologize for the delay in responding to your inquiry.
For purposes of paragraph 29 CFR 1926.152(a)(1), flammable liquid is defined by 1926.155(h) as any liquid having a flash point below 140 degrees F and having a vapor pressure not exceeding 40 pounds per square inch at 100 degrees F. The common grades of diesel fuel have flash points below 140 degrees F and, therefore, diesel fuel is considered a flammable liquid and is required to be in safety cans. Kerosene has a flash point of 150 degrees F and would not be required to be stored in safety cans.
If we can be of any further assistance, please contact me (Ext. 150) or Mr. Dale Cavanaugh (Ext. 149) of my staff at (202) 219-8136.
Roy F. Gurnham, P.E., J.D. Director Office of Construction and Maritime Compliance Assistance
June 27, 1994
Office of Construction and
Maritime Compliance Assistance U.S. Department of Labor-OSHA 200 Constitution Avenue, NW Room N 3610 Washington, D.C. 20210
Attention: Roy Gurnham
Reference: Safety Cans
Dear Mr. Gurnham:
Are diesel fuel and kerosene required to be in safety cans? Thank you for your prompt response to this question.
Firstline Safety Management, Inc. Patricia H. Falls Executive Vice President