Sampling before spray-finishing and ventilation citations

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 14, 1978

MEMORANDUM FOR: ACTING REGIONAL ADMINISTRATOR ATLANTA

THRU Donald E. Mackenzie
Field Coordinator

FROM Bruce Hillenbrand
Acting Director, Federal Compliance and State Programs

SUBJECT Clarification of 1910.94 and 1910.107

REFERENCE Cois Brown's Letter Dated March 9, 1978, Same Subject

Paragraph one of your memo states that Region IV requires sampling, to determine if a hazard exists, before issuing a citation under General Industry Standard 29 CFR 1910.107. This standard stands on its own and can be cited without sampling for the LEL. When the spray finishing operation involves the use of water-base paints exclusively, the following shall apply: Certain water type finishes, although involving little or no hazard in the liquid state, may leave highly combustible residues upon evaporation of the liquid carrier. The provisions of 1910.107 minimizing the hazards of combustible residues shall be enforced irrespective of the characteristics of the liquid. (Ref: NFPA No. 33.)
Sampling for LEL may be a useful adjunct to establish hazards in spray application operations. The CSHO will have to exercise professional judgement as to whether or not LEL samples are necessary to support his or her case.
In regard to paragraph two the following is submitted:
(1) Fiberglass boat manufacturers not located in a boatyard near navigable waters will be cited under 29 CFR 1910, as clarified in OSHA Program Directive 200-71, dated March 14, 1978.
(2) Sampling is not required to cite 29 CFR 1910.107(m), if the spraying operation involves the use of organic peroxides and other dual component coatings.
(3) When fiberglass layup is performed, 29 CFR 1910.107 would apply and as stated in paragraph one of this memo, sampling is not required.
(4) Your attachment of 29 CFR 1910.94 would not apply to enforcing 29 CFR 1910.107 and does not have to be revised. 29 CFR 1910.94 applies to ventilation and does require sampling, to establish if a hazard exists, before issuing a citation.