While we work to implement the new HAZCOM standard, changes to 1910.106 and 1910.119 may have went unoticed

Changes to 1910.106

These changes are not very subtle and in fact I have to take my hat off to OSHA and the NPRM process for working this out.  As many of us know, the new HAZCOM standard was a significant change; so significant that it impacted several other OSHA standards in both general industry and construction.  But 1910.106 (1926.152) were seriously revised with an entire revamping of the old “classification” of flammable and combustible liquids.  This means MANY of our written programs, procedures, and training materials regarding flammable and combustible liquids may require some serious revisions.  For example, the old 1910.106 defined a “combustible liquid” and a “flammable liquid”; going forward we will NO LONGER use the term “combustible liquid” nor will we use the term “Class” when defining the levels of flammability/combustibility.  In fact OSHA revised 1910.106, 1910.107, 1910.123, 1910.125, 1926.152, and 1926.155 to removed the term and references to “combustible liquids” and to reference the Flammable Categories 1-4 instead.  However, the new HAZCOM standard still requires the hazard statement “combustible liquid” on the label for Category 4 Flammable liquids (flashpoint greater than 60C (140F) but not greater than 93C (199.4F), so I am not sure as to why the word combustible was stricken from all of the standards.

OSHA believes that most of the changes in the definitions are not significant. The move to “flammable categories” entailed nominal changes to the flashpoint values for flammable and combustible liquids from 22.8C (73F) (current Class IA/B cut-off) to 23C (73.4F) (GHS Category 1/2 cut-off) and from 93.3C (200F) (current Class IIIB cut-off) to 93C (199.4F) (GHS Category 4). OSHA believes these changes in flash point represent simple rounding to the closest significant value and this would have no significant effect on the scope of the standards or on employee safety.

Here is how the “old 1910.106” defined a “combustible liquid” and a “flammable liquid”:

“Combustible liquid” means any liquid having a flashpoint at or above 100 deg. F. (37.8 deg. C.) Combustible liquids shall be divided into two classes as follows:

• “Class II liquids” shall include those with flashpoints at or above 100 deg. F. (37.8 deg. C.) and below 140 deg. F. (60 deg. C.), except any mixture having components with flashpoints of 200 deg. F. (93.3 deg. C.) or higher, the volume of which make up 99 percent or more of the total volume of the mixture.
• “Class III liquids” shall include those with flashpoints at or above 140 deg. F. (60 deg. C.) Class III liquids are subdivided into two subclasses:
• “Class IIIA liquids” shall include those with flashpoints at or above 140 deg. F. (60 deg. C.) and below 200 deg. F. (93.3 deg. C.), except any mixture having components with flashpoints of 200 deg. F. (93.3 deg. C.), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture.
• “Class IIIB liquids” shall include those with flashpoints at or above 200 deg. F. (93.3 deg. C.). This section does not cover Class IIIB liquids. Where the term “Class III liquids” is used in this section, it shall mean only Class IIIA liquids.

“Flammable liquid” means any liquid having a flashpoint below 100 deg. F. (37.8 deg. C.), except any mixture having components with flashpoints of 100 deg. F. (37.8 deg. C.) or higher, the total of which make up 99 percent or more of the total volume of the mixture. Flammable liquids shall be known as Class I liquids. Class I liquids are divided into three classes as follows:

• Class IA shall include liquids having flashpoints below 73 deg. F. (22.8 deg. C.) and having a boiling point below 100 deg. F. (37.8 deg. C.).
• Class IB shall include liquids having flashpoints below 73 deg. F. (22.8 deg. C.) and having a boiling point at or above 100 deg. F. (37.8 deg. C.).
• Class IC shall include liquids having flashpoints at or above 73 deg. F. (22.8 deg. C.) and below 100 deg. F. (37.8 deg. C.).

The REVISED 1910.106, as of March 26, 2012, defines ONLY the term “flammable liquid”.  OSHA removed the definition of a “combustible liquid and all references to the term “combustible liquid”.  All liquids which we once knew as “flammable” or “combustible” are now ALL called “flammable” and on top of this, the standard now uses “Categories” to define the degree of hazard to the solution rather than the term “class”.  Here is the new definition for “flammable liquids”…

Flammable liquid means any liquid having a flashpoint at or below 199.4 °F (93 °C). Flammable liquids are divided into four categories as follows:

• Category 1 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point at or below 95 °F (35 °C).
• Category 2 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point above 95 °F (35 °C).
• Category 3 shall include liquids having flashpoints at or above 73.4 °F (23 °C) and at or below 140 °F (60 °C). When a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C) is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100 °F (37.8 °C).
• Category 4 shall include liquids having flashpoints above 140 °F (60 °C) and at or below 199.4 °F (93 °C). When a Category 4 flammable liquid is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C).

Here is a table with a side-by-side comparison between the old and new definitions.

Wording changes to the PSM Standard(s)

Here is the way the old PSM standard was worded…

1910.119(a)(1)(ii) A process which involves a flammable liquid or gas (as defined in 1910.1200(c) of this part) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except for:

Here is the revised wording as of March 26, 2012…

1910.119(a)(1)(ii) A process which involves a Category 1 flammable gas (as defined in 1910.1200(c)) or a flammable liquid with a flashpoint below 100 °F (37.8 °C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except for:

As shown in the above definitions, the PSM standards for general industry and construction reference the HAZCOM standard for their scopes, which are currently set forth in 1910.119(a)(1)(ii) and 1926.64(a)(1)(ii) as covering a process which involves a flammable liquid or gas (as defined in 1910.1200(c) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more, followed by the listed exceptions in the paragraph. If OSHA had not modified this provision in this rulemaking, the scope of PSM would have expanded since the HAZCOM standard’s definition of flammable liquid changes from liquids with a flashpoint below 100°F (37.8°C) to the new GHS definition of liquids with a flashpoint at or below 199.4°F (93°C). If they had kept the reference to the HCS definition, this would meant that many more processes would have been covered by the PSM standard(s) than when those standards were promulgated. OSHA did not intend to expand the scope of the PSM standard(s) with this revision to the HAZCOM standard. Therefore, to maintain the scope of those standards, OSHA modified the language in the scope paragraphs Sec. 1910.119(a)(1)(ii) and Sec. 1926.64(a)(1)(ii) to read:

A process which involves a Category 1 flammable gas (as defined in Sec. 1910.1200(c)) or flammable liquid with a flashpoint below 100 [deg]F (37.8 [deg]C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more…

In other words, for PSM, “flammable gas” includes Category 1 flammable gases and liquids ONLY if they have flashpoints BELOW 100 [deg]F (37.8 [deg]C) to be consistent with the criteria specified in the current HCS.   Thus, OSHA neither increased nor decreased the scope of the PSM standard; consequently, the same flammable products in the same quantities are covered.