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 23, 2013

Adam S. Torres
1804 S. Jackson Street
Kaufman, TX 75142-3450

Dear Mr. Torres:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) Directorate of Construction, received on January 02, 2013. You had a specific question regarding use of compressed gas cylinders while in a horizontal position. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any question not delineated in your original correspondence. Your question has been paraphrased below.

Question: Does 29 CFR 1926.350(a)(9) permit compressed gas cylinders (oxygen or any other gas) to be used for welding or any other use while in a horizontal position (secured or unsecured) either on a truck or on the ground?

Response: No. Section 1926.350(a)(9) provides:

Compressed gas cylinders shall be secured in an upright position at all times except, if necessary, for short periods of time while cylinders are actually being hoisted or carried.

Section 1926.350(a)(9) provides that compressed gas cylinders must be secured in an upright position, regardless of whether they are in use or in storage. The standard only permits compressed gas cylinders to be horizontal for short durations when they are being hoisted or carried. Accordingly, using compressed gas cylinders horizontally is not permissible under the standard.

The above information applies to use of compressed gas cylinders in a construction setting. For additional information regarding use and storage of compressed gas cylinders in a horizontal position, please review the following previously issued OSHA letters of interpretation which have information related to the question which you have asked:

Johnston letter, dated January 19, 2005:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24999

OSHA letter #20080123-8195, dated April 30, 2010:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27509

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements, but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,

James G. Maddux, Director
Directorate of Construction