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.

January 10, 1997

Michael P. Sheridan, P.E.
Mining Engineer
Industrial and Electrical Safety Division
MSHA Denver Safety and Health Technology Center
P.O. Box 25367
Denver, CO 80225

Dear Mr. Sheridan:

This is in response to your telephone request for clarification of 29 CFR 1926.800(m)(5)(i) and the use of gasoline as a welding gas in underground construction. There are numerous restrictions and prohibitions to the use of gasoline in underground construction. 29 CFR 1926.800(m)(5)(ii) limits the type of gas used in welding, cutting and other hot work and references requirements for ventilation, fresh air supply, fire and explosion prevention. Due to the volatile properties of gasoline, the Occupational Safety and Health Administration (OSHA) has always maintained that "gasoline shall not be carried, stored, or used underground."

If you have any questions or need additional information, please don't hesitate to contact Tony Brown, at (202) 219-8136 x 149.

Sincerely,

Russell B. Swanson, Director
Directorate of Construction