Both the construction and general industry standards have identical requirements when it comes to storing oxygen cylinders and flammable gas cylinders.
Here is the construction industry requirement:
1926.350(a)(10) Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour.
and here is the general industry requirement:
1910.253(b)(4)(iii) Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour.
The issues in dispute are:
- the applicability of the cited standard (e.g. were the cylinders in “storage”), and
- whether the fire-barrier on the in-house made storage rack complied with the terms of the standard
For the reasons indicated below, the Court concludes the citation must be VACATED. This is a MUST READ for anyone who stores compressed gas cylinders, especially if they are oxygen and flammable gas cylinders. The ALJ does a nice job laying out the argument of when a cylinder is in “storage” and then does a nice job breaking down the fire-barrier requirements if the cylinders are not separated by 20′ or more.