Clarification of Difference Between 1910.106 and 1926.152.

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.

November 18, 1976

Clarification of the term "approved".

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 19, 1989

Guidance on the outside storage and use of Methyl Ethyl Ketone (MEK).

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.

November 13, 1992

Ms. Patricia Falls
Firstline Safety Management, Inc.
Post Office Box 230
Lovettsville, Virginia 22080

Dear Ms. Falls:

This is a further response to your letter of September 14, addressed to Acting Assistant Secretary Dorothy Strunk, and your telephone conversation of November 2, with a member of my staff, in which you requested guidance on the outside storage and use of methyl ethyl ketone (MEK).

Storage of flammable liquid in original containers at a job worksite.

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.

October 28, 1992

Patricia H. Falls
Vice President
Firstline Safety Management, Inc.
P.O. Box 230
Lovellsville, Virginia 22080

Dear Ms. Falls:

This is in response to your September 14 letter to Dorothy Strunk, Acting Assistant Secretary of the Occupational Safety and Health Administration requesting interpretation of 29 CFR 1926.152(a)(1). Your question and our response follows.

Question: If a contractor has 10- 1 gallon containers of a flammable liquid in its original container, is it allowed on the job site in this manner?

Storage of flammable and/or combustible liquids.

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.

February 23, 1994

Ms. Patricia H. Falls
Executive Vice President
Firstline Safety Management, Inc.
P.O. Box 230
Lovettsville, Virginia 22080

Dear Ms. Falls:

This is in response to your letter requesting an interpretation of the Occupational Safety and Health Administration (OSHA) standards addressing the storage of flammable and/or combustible liquids, and use of "dust mask" type respirators in the construction industry. I apologize for the delay in responding to your inquiry.

DOT Approved Gas Cans.

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.

August 26, 1996

MEMORANDUM FOR:   REGIONAL ADMINISTRATORS

FROM:             MICHAEL G. CONNORS,
                 Deputy Assistant Secretary

SUBJECT:          DOT Approved Gas Cans

We have reviewed the standard addressing the use of safety cans for flammable liquids at construction sites and have determined that the use of Department of Transportation (DOT) approved containers meets the basic intent of the provisions at §1926.152(a)(1). These gas cans are common household items and not generally considered to be a hazard if used properly.

Fire protection during the fueling of mobile equipment.

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.

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)).

Clarification of requirements for 1000 gallon diesel storage tank.

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.

 

 

Underwriters Laboratories and Factory Mutual Research Corp. test and list approved containers.

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.

March 29, 1976

Mr. Salvatore J. Capitummino
Assistant Managing Director
The Building Industry Employers
of New York State
6 Airline Drive
Albany, New York 12205

Dear Mr. Capitummino:

This is in response to your letter which requests clarification on 1926.152(a)(1) which references 1926.155(a) on the definition of "approved".