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.

October 4, 1994

Mr. Montfort A. Johnsen President Montfort A. Johnsen and Assoc., Ltd. 26 Sheral Drive Danville, Illinois 61832-1354

Dear Mr. Johnsen:

This is in response to your March 4, letter, requesting an interpretation of the Process Safety Management (PSM) of Highly Hazardous Chemicals Standard, 29 CFR 1910.119. Specifically, you requested clarification on whether flammable lubrication in one or two self-pressurized (aerosol) cans, typically one pint in capacity, which are maintained in a workplace (for example, a restaurant kitchen for use from time to time to prevent foods from sticking to heated cookware, such as frying pans) are subject to Occupational Safety and Health regulations. Please accept our apology for the delay in responding.

Please note that flammable lubricant in aerosol cans, as described above, would not be subject to the PSM standard nor to the 1910.106 - Flammable and combustible liquids standard. By 1910.1200(b)(6)(vii), the hazards communication standard would apply to the aforementioned flammable lubricant in aerosol cans unless the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers. Please note that the Consumer Products Safety Council (CPSC) requires "flammable" labels on aerosol cans used by consumers pursuant to their authority under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). The CPSC uses the test method in 16 C.F.R. 1500.45 to determine whether the aforementioned containers are covered as flammable aerosol cans.

We appreciate your interest in employee safety and health. If we can be of further assistance, please contact Ron Davis on 219-8031.


John B. Miles, Jr., Director Directorate of Compliance Programs