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.

June 11, 1996

Mr. Ted Hillman
Flatiron Structures Company
10090 I 25 Frontage Road
P.O. Box 2239
Longmont, CO 80504

Dear Mr. Hillman:

This is in response to your request for an interpretation of the Occupational Safety and Health Administration standards addressing fire protection during the fueling of mobile equipment (1926.152(g)(10)).

We appreciated the opportunity to meet with you to discuss the Wiggins Dry Break Connection and Automatic Fuel Shutoff System. As discussed in our meeting, the requirement to shut off the engines of mobile equipment during the fueling operation is intended to prevent injuries due to fire. We agree that if the equipment is equipped with a Wiggins Refueling System, and the equipment is refueled outdoors or in a well ventilated open structure, the intent of §1926.152(g)(10) is met and that conducting diesel fueling operations with the engine running would be a de minimis condition. This de minimis situation applies only when using diesel fuel.

As you know, de minimis conditions are violations which have no direct or immediate relationship to safety or health and are not included in citations.

If you require any further assistance, please do not hesitate to contact the Directorate of Construction again.

Sincerely,

Roy F. Gurnham, P.E., J.D.
Director
Office of Construction Services