OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 6, 1986

 
MEMORANDUM FOR: GILBERT J. SAULTER
REGIONAL ADMINISTRATOR
 
FROM: JOHN B. MILES, JR.,
DIRECTOR DIRECTORATE OF FIELD OPERATIONS
 
SUBJECT: Interpretation/Clarification of 29 CFR 1910.106(e)(6)(ii) 29 CFR 1910.106(h)(7)(i)(b)
 

In response to your request the following clarification is provided as discussed with Benton Nicholas.

OSHA Instruction STD 1-5.14A, dated October 24, 1980, permits storage and use of flammable and combustible liquids in DOT specification polyethylene containers. However, since these containers are not equipped with a means for electrical grounding, provisions for the safe transfer of Class IA liquids requires clarification.

The transfer of Class IA liquids from polyethylene drums and containers may be safety accomplished and is deemed to comply with the intent of the standards at 29 CFR 1910.106(e)(6)(ii) and (h)(7)(i)(b) when:

1.    A polyethylene drum is equipped with an approved metallic suction pump and draw tube for taking liquid through the top of the drum and the pump is electrically grounded, or

2.    The drum or container is provided with a metallic self closing faucet which is electrically grounded.