Small gasoline containers on construction sites

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 2, 1994

Mr. Edward J. Hayden
Safety Director
Milwaukee Construction Industry
Safety Council
[Recipient address omitted]
Dear Mr. Hayden:

This is in response to your letter of November 19, 1993 regarding the Occupational Safety and Health Administration's (OSHA) requirements for containers used for storage and handling one gallon or less of flammable liquids such as gasoline. I apologize for the delay in responding to your inquiry.

As discussed in your conversation with Mr. William Tschappat of my staff, any metal or plastic container listed or approved by Underwriters Laboratories (UL) or Factory Mutual Engineering Corporation (FM) may be used for the handling and storage of one gallon or less of gasoline. At the present time, UL and FM are the only Nationally Recognized Laboratories approved by OSHA to test this type of equipment.

For your reference, we have enclosed OSHA Instruction STD 3- 4.1A - De Minimis for Absence of a Flame Arrestor Screen in a Safety Can, and a memorandum to Regional Administrator Gilbert J. Saulter clarifying 29 CFR 1926.152(a)(1) regarding the term "approved."

If we can be of any future assistance please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,
Roy F. Gurnham, P. E., J.D.
Director
Office of Construction and Maritime
Compliance Assistance
Enclosures

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