OSHA Instruction STD 1-5.16 OCT 16, 1980 Office of Compliance Programming

SUBJECT: Venting LP-Gas to the Atmosphere

A. Purpose. This instruction provides guidance to insure appropriate enforcement of 29 CFR 1910.110(b)(14)(iv) in transferring LP-Gas from storage containers to fuel containers of industrial trucks (including lift trucks).

B. Scope. This instruction applies OSHA-wide.

C. Action. OSHA Regional Administrators/Area Directors shall assure that the enforcement of 29 CFR 1910.110(b) (14)(iv) is consistent with the guidelines in E. of this instruction.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is forwarded to each State designee.

2. Explain the technical content of the change to the State designee as requested.

3. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.

4. Review policies, instructions and guidelines issued by the State to determine that this change has been communicated to State program personnel. Routine monitoring activities (accompanied inspections and case file reviews) shall also be used to determine if this change has been implemented in actual performance.

OSHA Instruction STD 1-5.16 OCT 16, 1980 Office of Compliance Programming

E. Guidelines. Fixed liquid level gages shall not be vented to the atmosphere to assist in transferring LP-Gas from the storage container to the fuel container of industrial trucks (including lift trucks) except under the following conditions:

1. The vented gas from the fixed liquid level gage does not exceed the maximum flow provided from a No. 54 drill orifice (referenced in latest NFPA 58).

2. The filling operation is performed outdoors, not less than 10 feet from the nearest masonry-walled building, or not less than 25 feet from the nearest building or other construction and, in any event, not less than 25 feet from any building opening.

3. The engine of the industrial truck is shut off, and the operator is off the truck during refueling. Industrial trucks which have portable LP-Gas containers may have their fuel containers removed prior to refueling. The conditions set forth in numbers 1, 2, and 4 of these guidelines shall also be followed.

4. Only trained and designated personnel shall refill or exchange LP-Gas containers.

F. Background. 29 CFR 1910.110(b)(14)(iv) requires that the venting of fuel to the atmosphere not be permitted except under certain conditions. These conditions are not clearly stated in the 29 CFR 1910 standards, but the intent of the standards supports the position of this instruction and provides equivalent protection for exposed employees.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

DISTRIBUTION: National, Regional and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors