Ezel / Labor Guidance / US
Back to Federal guidance

Small-package alcoholic beverage exemption

Summary A distilled-spirits group asked OSHA to confirm an exemption for alcoholic beverages under its flammable-liquid storage rule. OSHA said beverages packaged in units of one gallon or less were exempt from the cited paragraph if they met the rule's flammable or combustible liquid tests. Beverages that did not meet either test were outside Section 1910.106 altogether.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1972-03-17
Date issued
March 17, 1972
Status
Active
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1910 Flammable Liquids Alcoholic Beverages
Source
View the official document

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

March 17, 1972

Mr. John F. McCarren
General Counsel
Distilled Spirits Institute
Incorporated
[Recipient address omitted]

Dear Mr. McCarren:

In your letter of March 9, 1972 commenting on the proposed rule-making for 29 CFR 1910.106(d)(2)(iii), you also asked for confirmation of the exemption applied to beverages.

29 CFR 1910.106(d)(1)(ii)(d) exempts beverages packaged in units of 1 gallon or less from the requirements of paragraph(d). Since 1910.106 applies only to flammable or combustible liquids, the exemption would apply to alcoholic beverages that meet either the test for flammable liquids (1910.106(a)(19)) or the test for combustible liquids (1910.106(a)(18)). Alcoholic beverages which are not flammable under these tests are not subject to 1910.106 at all.

Sincerely,

John P. O'Neill
Chief, Division of General
Industry Standards
Office of Standards Development

Related guidance

Permanently labeled locks for electrical lockout Opinion Letter · August 17, 2026 Helmet selection for lateral head-impact hazards Opinion Letter · August 17, 2026 Asbestos precautions when restoring drywall after flood damage Opinion Letter · May 7, 2026 Enforcement policy for recording and reporting COVID-19 cases Guidance · March 31, 2026

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace