RECORD ID D00-03-006

STANDARD NUMBER

INFORMATION DATE 03-15-2000

SUBJECT Analysis Of Cylinders Of Purchased Breathing Air

QUESTION

Reference: Provision 1910.134 (i)Breathing Air Quality and Use section (4) (ii): Employers shall ensure the following requirements are met: Cylinders of purchased breathing air have a certificate of analysis from the supplier that the breathing air meets the requirements for Type 1- Grade D breathing air, and the moisture content in the cylinder does not exceed a dew point of -50 F (-45.6C) at 1 atmospheric pressure. My inquiry has (3) parts: Part A:In complying with this requirement, is the employer able to perform their own analysis IN LIEU OF the supplier; or, in effect, is the responsibility of the supplier non-delegable? Part B: Does the requirement actually mean that a certificate must be provided by the supplier for each "lot" of cylinders filled in one operational run, typically defined as (1) day. In otherwords, if cylinders were filled on (2) different days, would a certificate be necessary for each lot filled on the two different days? Part C: Would the supplier be considered in compliance with the provisions of this requirement by providing an analysis of the compressor from which the cylinders are filled? If so, is there an established interval for receiving the compressor analysis such as quarterly, annually, after maintenance to the compressor unit, etc.?

REGULATORY REVIEW

The OSHA standard 29 CFR 1910.134 is very specific on cylinders of purchased breathing air. OSHA interpretations address your first two questions. Your inquiry had three questions. In complying with this requirement, is the employer able to perform their own analysis IN LIEU OF the supplier, or, in effect, is the responsibility of the supplier non-delegable? “The provision in the standard, 1910.134(I)(4)(ii) intends that the employers obtain from the supplier a statement that the air meets the requirement for Grade D breathing air. The certificate of analysis must accompany all purchased cylinders of breathing air.” (OSHA Interp. dated 2/5/99) Hence, the responsibility of the supplier is non-delegable. Does the requirement actually mean that a certificate must be provided by the supplier for each “lot” of cylinders filled in one operational run, typically defined as (1) day? (OSHA Interp. dated 2/5/99). “This requirement is present as every time a manufacturer mixes nitrogen and oxygen to produce breathing air there is a potential for changes to occur. The certificate gives the employer the assurance that the breathing air being used by employees is safe." Hence, a certificate MUST be provided for each lot. NO EXCEPTIONS. Would the supplier be considered in compliance with the provisions requirement by providing an analysis of the compressor from which the cylinders are filled? The standard only specifies that a certificate (that the air meets Grade D standards) be provided with the breathing air cylinders. If the supplier feels confident that all the air from a compressor on any one day is safe and meets Grade D standards AFTER it is transferred to breathing air cylinders, he should certify those breathing cylinders.