Flammable liquids stored in ordinary drawers or cabinets

December 2, 2003

[Name and Address Withheld]

Dear [Withheld]:

Thank you for your September 3 letter requesting an interpretation of the Occupational Safety and Health Administration (OSHA) rule at 29 CFR 1910.106(e)(2)(ii)(b) pertaining to the quantities of flammable and combustible liquids that may be stored outside of inside storage room or flammable storage cabinet. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Our responses to your scenario and paraphrased questions are provided below.

Scenario: An auditor who performed an environmental evaluation of our facilities identified many facilities that stored flammable materials in cabinets lacking the 1.5-inch double walls, tri-lock door, raised floor sill, and labeling required of such cabinets. The auditor cited 29 CFR 1910.106(d)(3) for facilities that stored small quantities of flammables in cabinets or drawers that do not meet the construction specifications of flammable storage cabinets. In addition, 29 CFR 1910.106(e)(2)(ii)(b) states that, "The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed: 25 gallons of Class IA liquids in containers, 120 gallons of Class IB, IC, II, or III liquids in containers, 660 gallons of Class IB, IC, II, or III liquids in a single portable tank."

Question: May an employer store flammable liquids up to the quantities listed in 29 CFR 1910.106(e)(2)(ii)(b) in a cabinet or drawer that does not meet the specifications of a flammable storage cabinet? Does OSHA interpret that these flammables are "located outside of an inside storage room or storage cabinet?"

Reply: 29 CFR 1910.106(e)(2)(i) is applicable to those portions of an industrial plant where the use and handling of flammable or combustible liquids is only incidental to the principal business, such as automobile assembly, construction of electronic equipment, furniture manufacturing, or similar activities. Furthermore, the OSHA rule at 29 CFR 1910.106(e)(2)(ii)(b) allows employers to store up to: (1) 25 gallons of Class IA liquids in containers, (2) 120 gallons of Class IB, IC, II, or III liquids in containers, and (3) 660 gallons of Class IB, IC, II, or III liquids in a single portable tank, outside of an inside storage room or storage cabinet in a building or in any one fire area of a building. Therefore, an employer may store flammable and/or combustible liquids within the facilities defined in 29 CFR 1910.106(e)(2)(i), in containers up to the quantities listed in 29 CFR 1910.106(e)(2)(ii)(b), in a cabinet or drawer that does not meet the specifications of a flammable storage cabinet described under 29 CFR 1910.106(d)(3). Such storage is considered as storage outside of an inside storage room or flammable storage cabinet.

Thank you for your interest in occupational safety and health. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,

Richard E. Fairfax, Director

Directorate of Enforcement Programs