Polyethylene (e.g. plastics) containers and portable tanks (e.g. totes) have found their way into the flammable and combustible liquids market. Although many insurance companies take issue with their use, OSHA has had an official position on their use since 1984. Their compliance position is the following:
OSHA has determined that using polyethylene containers and portable tanks to store COMBUSTIBLE and FLAMMABLE liquids in polyethylene containers under certain conditions is a de minimis violation of 1910.106(d)(2)(i). It is thus permissible to use the DOT specification, nonspecification polyethylene and nonregulated containers for storing FLAMMABLE and COMBUSTIBLE liquids at INSIDE storage areas under the following conditions:
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1. The liquid within the container has a DOT exemption in effect for shipment in polyethylene containers and is identified as meeting the requirements of the DOT exemption.
- 2. The container storage area is provided with a FIRE DETECTION SYSTEM designed and installed to detect INCIPIENT stage fires and INTERCONNECTED with an employee emergency alarm system, which will effectively alert employees when fire is detected.
- 3. In locations where employees are expected to perform fire fighting, the container storage area is provided with a FIXED AUTOMATIC FIRE SUPRESSION SYSTEM designed and installed to control, if not extinguish, a fire involving the stored polyethylene containers.
- 4. Employees, except members on fire brigades, will be TOTALLY EVACUATED from the container storage area at the time of initial fire detection. Where fire brigades are provided, member employees will be trained in the SPECIFIC METHODS for fighting fires involving polyethylene drums or containers, and in the RECOGNITION OF HAZARDS associated with fire fighting in such storage areas.
- 5. In general purpose warehouses, the container storage area is provided with DIKING, or CURBING and DAINAGE, which will contain the volume of stored liquids and the ANTIPATED OVERFLOW of fire extinguishing agent, and drain it to a remote impounding area having no employee exposure. Employee emergency exit routes may not intersect or pass over or under open drainage paths.
OSHA has determined that it is a de minimis departure from 29 CFR 1910.106 to store All COMBUSTIBLE and FLAMMABLE liquids in plastic containers if the conditions set forth above are met. The terms combustible and flammable liquids are defined in the National Fire Protection Association Flammable and Combustible Liquids Code, NFPA No. 30, Chapter 1.