Safety Tidbit 3.27 - Commercial Safety Cans

Safety Tidbit 3.27 – Commercial Safety Cans

Reference:       OSHA Flammable Liquids – 1910.106

                        OSHA Flammable Liquids – 1926.152

                        OSHA Letter of Interpretation - 1996

An interesting question came up at a job site this week about the use of safety cans for gasoline. Where I was I found an old can with a broken top that was duct tape together. I told the employer to get rid of the can and get a new can that meets the OSHA requirements: “Safety can shall mean an approved container, of not more than 5 gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure. [1910.106(a)(29)]” The client asked me if the plastic containers that you can buy at any home improvement or hardware store would be acceptable. I was on a general industry site, however the question made me wonder if it was the same for construction sites.

The OSHA Construction Standard 1926.152(a)(1) states “only approved containers and portable tanks shall be used for storage and handling of flammable liquids. Approved safety cans or Department of Transportation approved containers shall be used for the handling and use of flammable liquids in quantities of 5 gallons or less, except that this shall not apply to those flammable liquid materials which are highly viscid (extremely hard to pour), which may be used and handled in original shipping containers. For quantities of one gallon or less, the original container may be used, for storage, use and handling of flammable liquids.”

Luckily, back in 1996, someone asked about this issue and OSHA wrote a letter of interpretation.

“By its terms, §1926.152(a)(1) requires the use of an approved metal safety can (approved by a nationally recognized testing laboratory) for the handling and use of flammable liquids. Further, a safety can by definition is a container with a capacity of 5 gallons or less and equipped with a spring-closing lid and spout cover, a means to relieve internal pressure, and flash-arresting screen. However, we believe that DOT approved containers of 5 gallon capacity or less, although not meeting these requirements, pose very little hazard and meet the basic intent of the standard. Consequently, we have decided to exercise prosecutorial discretion and consider employer use of DOT approved containers of 5 gallon capacity or less for storage, use, and handling of flammable and combustible liquids to be de minimis noncompliance which should not be cited. “

This interpretation was written in 1996. I think the employers can afford an approved metal safety can versus a plastic one from Lowes or Home Depot. Actually, I’ve seen the metal cans right next to the plastic ones so why not get the right item to begin with?

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.