OSHA Instruction STD 1-5.2 October 30, 1978

October 10, 1972

OSHA PROGRAM DIRECTIVE #100-11

TO: National and Field Offices

Subject: Drainage, Dikes, and Walls for Aboveground Tanks (29 CFR 1910.106(b)(2)(vii)

1. Purpose. To clarify the applicability of 1910.106(b)(2)(vii) and to direct answers to inquiries.

2. Background. This paragraph establishes the requirements for drainage facilities of dikes for the area surrounding aboveground flammable liquid storage tanks. Numerous requests for clarification, objections to, and informal petitions for deletion of the subject requirements have been received on the basis that it is concerned primarily with public safety and property damage and not employee safety.

3. Interpretation. The primary and expressed purpose of the standard, is to avoid harm to adjoining property and to waterways. Any resulting benefit to the safety and health of employees appears to be secondary. Therefore, paragraph 1910.106(b)(2)(vii) is not intended to apply where its requirements do not have a substantial relationship to the safety and health of employees. Each case will have to be considered on its own merits.

4. Effective Date. This instruction is effective immediately, and will remain in effect until canceled or superseded.

Director, Program Operations

DISTRIBUTION: National Office Field A/Sec (3) Regional Administrators (3) Dep. A/Sec (2) ARA Technical (2) Directors (3) ARA Compliance (2) SOL (25) ARA State (1) BLS (1) Area/District Offices (3) Review Commission (6) Training Institute (4) NIOSH (1) CSHO's (1) Program Operations Designated State Agencies (1) OCC Professional Staff (25) NIOSH Regional Attorneys (1) OCS Professional Staff (50) SOL Regional Attorneys (1) OCS Tech. Centers (1) Regional Directors (1) NACOSH Subcommittee (1)

(Originator: OCSDG)