NFPA 33 and spray-finishing filter enforcement

March 15, 1996

Mr. Michael K. Haufe, P.E.
Technical Director
Distributions Products Division
Columbus Industries, Inc.
[Recipient address omitted]
Dear Mr. Haufe:

Thank you for your letter of February 6 regarding spray finishing as covered under 29 CFR 1910.107. Your question related to the Occupational Safety and Health Administration's (OSHA) possible future updating of 1910.107(b)(5)(vi) and what the agency's interim enforcement policy will be until such an updated standard is promulgated.

OSHA does not have any immediate plans to change or amend 1910.107 to reflect the newly revised NFPA-33 standard for spray application using flammable or combustible materials. Until such an amendment to the OSHA standard is made, however an employer who complies with a consensus standard rather than a standard in effect at the time of inspection and clearly provides equal or greater employee protection will not be cited. (OSHA's DE Minimis policy, OSHA Instruction 2.103, September 26, 1994, Field Inspection Reference Manual, Chapter III - 19 and 20.)

Furthermore, an employer choosing to comply with the NFPA 33 standard must comply with all relevant sections of Chapter 3. Sections 3-6 of this standard specifically allow for the use of dry overspray collection filters.

Thank you for your interest in safety and health. If we can be of any further assistance, please call Margo Daniel, of my staff, at (202) 219-8041, Ext. 107.

Sincerely,
John B. Miles, Jr., Director
Directorate of Compliance Programs