Standard Interpretations - Table of Contents
• Standard Number: 1910.12; 1910.106(d)(6)(iii); 1926.152(c)(3)

November 9, 1993

Mr. Marvin J. Ford II
Industrial Enterprises, Inc.
P.O. Box 5593
Pocatello, Idaho 83202

Dear Mr. Ford:

This is in response to your August 4 letter requesting clarification of the applicability of the Occupational Safety and Health Administration (OSHA) requirements for spill containment of flammable or combustible liquids storage outside buildings when a curb or earth dike is used. I apologize for the delay in responding to your inquiry.

With regard to whether the general industry standard or the construction standard applies to your storage facility, please be advised that application of these two standards depends on the nature of the work involved. If the nature of the work utilizing the facility meets the definition of construction work at 29 CFR 1910.12 (e.g., the storage tanks are temporary in nature and will be removed when the construction activity is completed), the requirements of Part 1926 apply and a 12-inch high curb would be required. However, if the storage is not used in support of construction activities, then the 1910 requirements apply. Please bear in mind that both the general industry and construction standards are minimum standards and if a higher curb is necessary to provide protection from spilled flammable liquids, then such a curb should be provided.

If you have any further questions, please do not hesitate to contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8124.

Sincerely,



Roy F. Gurnham, P.E., Esq.
Director
Office of Construction and Maritime
Compliance Assistance




August 4, 1993

Roy F. Gurnham, Esq. P.E.
Director
Office of Construction and Maritime
Compliance Assistance
Occupational Safety and Health Administration
200 Constitution Avenue N.W.
Washington, D. C. 20210