Transportation Department jurisdiction over pipeline odorant tanks

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

August 22, 1990

Mr. John A. Knoll, Sales Manager Natural Gas Odorizing, Inc.
[Recipient address omitted]
Dear Mr. Knoll:

This is in response to your letter of June 18, in which you raised the question of jurisdiction over tanks of malodorant gas.

Section 4(b)(1) of the Occupational Safety and Health Act (OSHA Act) provides that "nothing in this chapter shall apply to working conditions of employees with respect to which other Federal agencies exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health." The purpose of this exemption is to avoid duplication in Federal regulation of safety and health conditions in the workplace. Once another Federal agency exercises its authority to regulate specific safety conditions, the Occupational Safety and Health Administration (OSHA) cannot enforce its regulations, covering the same conditions, against an employer regulated by the other Federal agency.

Since the Department of Transportation (DOT) regulates the safety of refitted propane tanks that are used to store malodorant agents at pipeline facilities, OSHA is thereby precluded from regulating safety conditions related to these tanks. This is true with respect to diking and placarding, even though D.O.T. has no regulations specifically related to either.

Sincerely,

Patricia K. Clark Director Designee Directorate of Compliance Programs

[June 18 requester letter and enclosed Department of Transportation response reproduced on OSHA page; omitted here.]