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.

August 31, 1995

MEMORANDUM FOR:     STEPHEN J. MALLINGER
                   Acting Director 
                   Directorate of Technical Support

FROM:               JOHN B. MILES, JR. 
                   Director 
                   Directorate of Compliance Programs

SUBJECT:            Request of Assistance in Evaluating Variance Application
                   Number 2290

This is in response to your August 22 memorandum requesting assistance in evaluating the subject variance application. Under paragraph 1910.106(d)(3)(i), not more than 60 gallons (227.1 liters) of Class I (flammable) or Class II (combustible) liquids, nor more than 120 gallons (454.2 liters) of Class III (combustible) liquids may be stored in a storage cabinet. This storage cabinet must meet the fire resistant requirements of paragraph 1910.106(d)(3)(ii) which is a performance-oriented standard and, as such, does not limit construction to wood or metal. Please note that the specification-oriented standards under 1910.106(d)(3)(ii)(a) & (b) for wooden storage cabinets and for metal storage cabinets, respectively, are intended as a convenient alternate to the aforementioned performance-oriented standard.

Storage cabinets constructed, singularly or combinations, of wood, metal or other materials which meet paragraph 1910.106(d) may be used to store flammable and combustible liquids in the workplace. An ongoing Occupational Safety and Health Administration (OSHA) policy encourages employers to comply with the latest revision of a national consensus standard previously adopted into OSHA standards as long as the later revision provides at least the same or greater level of workplace safety and health that otherwise would be provided by complying with OSHA regulations. Compliance with paragraph 4-3.2 of National Fire Protection Association standard, NFPA 30-1993 is deemed to provided at least the same level of workplace safety as complying with 29 CFR 1910.106(d)(3)(ii), the source of which is NFPA 30-1969.