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Text of the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal Register Text from the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal Register

Paragraph (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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