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.

July 18, 1995

Ms. Diana Gay, C.H.
Manager Health & Safety
BFGoodrich Specialty Chemicals
9911 Brecksville Road
Cleveland, Ohio 44141-3247

Dear Ms. Gay:

This is in response to your letter of February 27, with regard to your request for clarification pertaining to OSHA Standard, 29 CFR 1910.106. We apologize for the delay in our response.

You inquired whether OSHA would accept compliance with the more current version of NFPA 30, "Flammable and Combustible Liquids Code," in lieu of 29 CFR 1910.106, specifically in regard to heated combustible liquids. OSHA accepts later editions of consensus standards instead of current standard requirements when those later editions set forth requirements which are as protective as the current requirements of the standard. In such situations the employer has the burden of proof to demonstrate that the protective measures implemented are in fact as protective.

The other NFPA 30 issues that you brought to our attention will be forwarded to the Directorate of Safety Standards Programs for use in the next revision of the standard.

Thank you for your interest in occupational safety and health.


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