February 11, 2015

Dana Gillespie
Sean Kirkwood
Stryker Medical
3800 E. Centre Ave.
Portage, MI 49002

Dear Ms. Gillespie and Mr. Kirkwood:

Thank you for your letter dated May 2, 2014, to the Occupational Safety and Health Administration (OSHA) for a clarification of OSHA¿s definition of "secure" as it relates to the transportation of oxygen tanks by mobile medical equipment. This constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question not delineated within your original correspondence.

Your question is paraphrased and our response follows.

Question: 29 CFR 1910.101(b), requires that the in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks shall be in accordance with Compressed Gas Association Pamphlet P-1-1965. The Compressed Gas Association Pamphlet P-1-1965, in section 3.2.6., requires that when transporting or unloading a cylinder, use a suitable hand truck, fork truck, roll platform, or similar device, with the cylinder firmly secured during the transporting/unloading. You asked for a definition of "secure" as it relates to transportation of oxygen tank cylinders.

Response: "Securing" a cylinder is a performance-based measure. The guidelines provided in CGA Pamphlet P-1-1965 and in other more recent versions of the pamphlet describe how care is to be exercised to ensure that cylinders are secure. For a cylinder to be secure, it must not be allowed to drop, nor be transported in a way in which it could strike another object. Cylinders should never be dragged nor rolled in the horizontal position. There are multiple options to secure and transport a cylinder. A suitable hand truck, forklift truck, cylinder pallet system, or similar material-handling device may be used with the container properly attached to the device, which can protect the cylinder from being damaged by preventing it from being struck by other objects or falling out. Determining whether a cylinder has been secured in accordance with the CGA Pamphlet P-1-1965 would be considered on a case by case basis.

Please note that Michigan operates its own occupational safety and health program under a plan approved and monitored by OSHA. The Michigan Occupational Safety and Health Administration (MIOSHA) has jurisdiction over workers in Michigan. MIOSHA adopts and enforces standards and investigates safety and health concerns in workplaces throughout the state. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA¿s, but may have different or additional requirements. For specific information on the requirements and interpretation of Michigan¿s standards, you may contact MIOSHA directly at the following address:

Michigan Occupational Safety and Health Administration
7150 Harris Drive
PO Box 30643
Lansing, MI 48909-8142
Ph: (517) 322-1817
http://www.osha.gov/dcsp/osp/stateprogs/michigan.html

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 Office of General Industry and Agricultural Enforcement at (202) 693-1850.

Sincerely,

Thomas Galassi, Director
Directorate of Enforcement Programs