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De minimis treatment of indoor consumer-product storage aisles

Summary An attorney asked whether consumer-product storage aisle arrangements that departed from the literal flammable-liquid table could be treated as de minimis. OSHA confirmed that understanding under its then-current field instructions: such insignificant technical deviations carried no penalty or abatement requirement. The reply referred to the facts in the request.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1982-02-16
Date issued
February 16, 1982
Status
Active
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1910 Flammable Liquids
Source
View the official document

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February 16, 1982

Lawrence W. Bierlein, P.C.
Law Offices
[Recipient address omitted]
Dear Mr. Bierlein:

Thank you for your letter of January 27, 1982, regarding indoor container storage requirements.

In reference to your next to the last paragraph, we confirm your understanding that under current directions to OSHA field personnel, such requirements constitute only a de minimis violation with no dollar penalties or abatement requirements. OSHA Instruction CPL 2.11A, De Minimis Violations, (copy enclosed), directs CSHO's to recognize insignificant standards and minor technical deviations which have no direct or immediate relationship to safety and health of the employee as de minimis violations.

We are forwarding copies of this letter and your letter to our Regional Administrators for their information.

Should you have any further questions, please do not hesitate to call or write.

Sincerely,
Patrick R. Tyson
Director
Federal Compliance and State Programs
Enclosure

[Requester letter reproduced on OSHA page; omitted here.]

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