OSHA Instruction STD 1-5.13 October 30, 1978

OSHA PROGRAM DIRECTIVE #100-99

TO: REGIONAL ADMINISTRATORS/OSHA

THRU: DONALD E. MACKENZIE Field Coordinator

SUBJECT: 29 CFR 1910.106(h)(8)(iii); or, 29 CFR 1910.107(g)(3); or, 29 CFR 1910.108(f)(2) - Relative to Metal Waste Cans

1. Purpose

The purpose of this directive is to give guidance on citing for the use of approved nonmetallic waste cans, where the OSHA standard requires a metal waste can.

2. Documentation Affected

None

3. Background

a. There are several OSHA standards that require approved metal waste cans or metal waste cans. Presently, there are approved nonmetallic waste cans on the market.

b. It is not the intent of OSHA to discriminate or restrict employers from using new materials or products providing the products are approved or listed by nationally recognized testing laboratories for the particular use or exposure at the worksite.

4. Action

Where the employer is found using an approved nonmetallic waste can that is approved for its particular use or exposure at the worksite by a nationally recognized testing laboratory; and, the nonmetallic waste can is in violation of an OSHA standard requiring a metal waste can, the violation shall be considered "de minimus."

NOTE: A nonmetallic container may be approved for the temporary storage indoors of Class A combustible waste free of grease, oil, solvents, or other flammable liquids, and not be approved for the temporary storage of oil or solvent soaked waste.