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.

April 30, 2024

Mr. Jeremy Williams
AR Training Solutions LLC
PO Box 482
Wilton, Wisconsin 53563

Dear Mr. Jeremy Williams:

Thank you for your inquiry to the Occupational Safety and Health Administration (OSHA) regarding the use of failsafe lighters and sulfur sticks for detecting leaks and compliance with OSHA’s PSM Standard, 29 CFR § 1910.119. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased scenario, questions and OSHA’s response are below:

A sulfur stick is a tool used to find ammonia gas leaks. Sulfur sticks, when burned, react with ammonia gas to make a visible smoke and are generally used near process equipment and piping to detect leaks. The company has an established procedure that covers the hazards, how to use, and how to extinguish the sulfur stick.

Question: Given that the company has an established procedure for the use of sulfur sticks, is the use of failsafe lighters and sulfur sticks subject to the requirements for hot work in Section 1910.119(k)?

Response: Yes. Hot work is defined in Section 1910.119(b) as “work involving electric or gas welding, cutting, brazing, or similar flame or spark-producing operations.” The lighting of failsafe lighters and burning of sulfur sticks is work involving flame or spark-producing operations and therefore constitutes hot work. Consequently, these operations would require hot work permits in accordance with Section 1910.119(k).

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to 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 http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Enforcement Programs at (202) 693-2100.

Sincerely,

Scott C. Ketcham, Acting Director
Directorate of Enforcement Programs