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Historical safety-can rules for diesel fuel and kerosene

Summary A safety firm asked whether diesel and kerosene at construction sites needed safety cans. OSHA said common diesel grades met the then-used flammable-liquid definition and required safety cans, while kerosene's cited flashpoint did not. OSHA labels the letter an archive document.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1994-08-17
Date issued
August 17, 1994
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent current policy.
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1926 Flammable Liquids Fuel Storage
Source
View the official document

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The current status of this document is unclear
OSHA labels this an archive document and warns that it may no longer represent current policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 17, 1994

Ms. Patricia H. Falls
Executive Vice President, Firstline Safety Management, Inc.
[Recipient address omitted]
Dear Ms. Falls:

This is in response to your June 27 letter regarding the Occupational Safety and Health Administration requirements for the storage of diesel fuel and kerosene at construction sites. I apologize for the delay in responding to your inquiry.

For purposes of paragraph 29 CFR 1926.152(a)(1), flammable liquid is defined by 1926.155(h) as any liquid having a flash point below 140 degrees F and having a vapor pressure not exceeding 40 pounds per square inch at 100 degrees F. The common grades of diesel fuel have flash points below 140 degrees F and, therefore, diesel fuel is considered a flammable liquid and is required to be in safety cans. Kerosene has a flash point of 150 degrees F and would not be required to be stored in safety cans.

If we can be of any further assistance, please contact me (Ext. 150) or Mr. Dale Cavanaugh (Ext. 149) of my staff at (202) 219-8136.

Sincerely,

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

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

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