Text from
the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal RegisterParagraph
(d)(9)(i) -- Storage and Handling of Flammable and Combustible Liquids
The final rule requires that flammable and combustible materials be stored, handled and
transported (hereafter stored) in accordance with the requirements of subpart H of Part
1910. OSHA was requested to provide an exception from subpart H to allow logging machine
operators to carry plastic cans of chain-saw fuel for refueling away from fueling
stations, when necessary. Some parties have interpreted paragraph (d)(9) as prohibiting
machine operators from storing and transporting logging machine fuel in 5-gallon plastic
containers which are approved by Underwriters Laboratories (UL) or meet U.S. Department of
Transportation (DOT) requirements. For the reasons discussed below, OSHA does not believe
that an exception to subpart H is necessary to allow the practice that these parties seek
to authorize.
First, Subpart H permits Class IB liquids, which OSHA interprets as including chain-saw
fuels, to be carried in 5-gallon plastic safety cans approved by UL or Factory Mutual
(FM). Subpart H permits Class IB fuels to be carried in "safety cans" that have
a maximum allowable size of 5 gallons (29 CFR 1910.106(d)). Safety cans are defined as
containers approved by a nationally recognized testing laboratory (NRTL) and otherwise
meeting the requirements of the definition. This requirement is broad enough to encompass
plastic safety cans, provided that such containers are approved by a NRTL as meeting all
the requirements of the definition. In response to concerns raised, OSHA also notes that
UL and FM are recognized by the Agency as NRTLs for testing and listing equipment meeting
the requirements of subpart H.
Second, subpart H also permits flammable and combustible liquids to be stored in
containers meeting the requirements of regulations issued by the Hazardous Materials
Regulations Board, Department of Transportation (See, 49 CFR 171-178). These regulations
permit flammable liquids such as chain-saw fuel to be stored in plastic jerri cans holding
up to 5 gallons which meet DOT specifications for non-bulk packaging (See, 49 CFR
193.202(c) and 178.502).
Therefore, read in its entirety, the logging standard does not prohibit plastic safety
containers under the conditions described above, and an exception is not necessary. OSHA
is including this discussion in the revised compliance directive.
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