OSHA Instruction STD 3-4.1A Sept. 16, 1980 Office of Compliance Programming

SUBJECT: De Minimis for Absence of a Flame Arrestor Screen in a Safety Can

A. Purpose. This instruction establishes that the absence of a flame arrestor screen in the pouring or spout of a safety can is treated as de minimis.

B. Scope. This instruction applies OSHA-wide.

C. Cancellation. OSHA Instruction STD 3-4.1, June 17, 1980, is canceled.

D. Action. The Regional Administrators and Area Directors shall assure that the absence of a flame arrestor screen in an approved safety can is considered de minimis.

E. Background. 29 CFR 1926.155(l) defines a safety can and requirements a flash arresting screen as one of the criteria for approval 29 CFR 1910.106(a)(29) contains the same definition of safety can, except that it does not require a flame arrestor screen. Both 29 CFR 1926.155(a) and 1910.106(a)(35) require approval by Underwriters' Laboratories, Inc., (UL) or the Factory Mutual Engineering Corp., (FM). In addition, 29 CFR 1926.155(a) also accepts approval by Federal agencies such as the Bureau of Mines or the US Coast Guard. The Factory Mutual Engineering Corp. requires flame arrestor screens in safety can spouts for approval, but Underwriters' Laboratories, Inc., does not require them in safety cans for approval. Moreover, the NFPA Standard No. 30, Flammable Liquids, recognizes approval of UL or FM. Also, 25 CFR 1926.155(l) and 29 CFR 1926.155(a) are inconsistent because UL approval does not require a flame arrestor screen. On the other hand, 29 CFR 1910.106(a)(29) and 29 CFR 1910.106(a)(35) are inconsistent because FM approval does require a flame arrestor screen. Some believe that flame arrestor screens in the pouring and filling openings of safety cans provide little additional protection to the

OSHA Instruction STD 3-4.1A Sept. 16, 1980 Office of Compliance Programming

user. Moreover, the General Industry standards were promulgated under Section 6(a) of the Act and Part 1926 standards were promulgated in accordance with the Administrative Procedures Act (public hearings). Also, the Bureau of Labor Standards elected to provide for the additional coverage by requiring flame arrestors.

F. Explanation of Correction. This instruction includes "and 1910.106(a) (35)" which was inadvertently omitted from the Background paragraph, line 6, of OSHA Instruction STD 3-4.1. The correction is indicated by a vertical line in the left margin of the paragraph.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

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