OSHA Instruction STD 1-5.6A NOV 26, 1979 Office of Compliance Programming

SUBJECT: 29 CFR 1910.108(c)(3) Bottom Drains

A. Purpose. This instruction provides guidance for the enforcement of 29 CFR 1910.108(c)(3) and specific requirements for omitting bottom drains from dip tanks. The word "automatic" is inserted in the guidelines, F.1.a.-c. of this instruction, because it was omitted from the previous instruction.

B. Scope. This instruction applies OSHA-wide.

C. Cancellation. OSHA Instruction STD 1-5.6, October 30, 1978, Office of Compliance Programming, is canceled.

D. Action. OSHA Regional Administrators/Area Directors shall enforce 29 CFR 1910.108(c)(3) in accordance with F.1. of this instruction.

E. 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.

OSHA Instruction STD 1-5.6A NOV 26, 1979 Office of Compliance Programming

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.

F. Guidelines. In all cases, an evacuation plan shall be implemented for employees working in the dip tank area A copy of the evacuation plan shall be available at the establishment for inspection at all times. Every employee shall be made aware of the evacuation plan and know what to do in the event of an emergency and be evacuated in accordance with the plan.

1. The combinations of extinguishment systems, paragraphs a.- c below, when used in conjunction with the evacuation plan as stated above will generally be acceptable in place of bottom drains. Thus, establishments equipped with a combination of these types of extinguishment systems in conjunction with the evacuation plan will be considered a de minimis violation of 29 CFR 1910.108(c)(3). No citation shall be issued unless the compliance officer determines that due to conditions existing in a particular establishment the absence of a bottom drain as required in 1910 108(c)(3) poses a hazard to employees. Extinguishment systems which are acceptable in lieu of bottom drains are as follows:

a. A dip tank cover with an automatic foam extinguishing system under the cover, or an automatic carbon dioxide system, or an automatic dry chemical extinguishing system, or an automatic water spray extinguishing system

b. An automatic dry chemical extinguishing system with an automatic carbon dioxide system, or a second automatic dry chemical extinguishing system, or an automatic foam extinguishing system.

OSHA Instruction STD 1-5.6A NOV 26, 1979 Office of Compliance Programming

c. An automatic carbon dioxide system with a second automatic carbon dioxide system, or an automatic foam extinguishing system.

2. The automatic water spray extinguishing systems, automatic foam extinguishing systems and dip tank covers shall conform with the requirements of 29 CFR 1910.108.

3. The automatic carbon dioxide systems and dry chemical extinguishing system shall conform with the requirement found in 29 CFR Part 1910, Subpart L.

G. Background. There have been several variance requests for dip tanks containing over 500 gallons of flammable or combustible liquids to be exempted from bottom drains as required by OSHA standard 29 CFR 1910.108(c)(3).

Grover C. Wrenn Director, Federal Compliance and State Programs

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