1910.106(d)(2): Flammable Liquid Container Requirements
Employers must use only approved containers and portable tanks for flammable liquids, with DOT-compliant metal containers accepted. Portable tanks need emergency venting that limits internal pressure under fire to 10 p.s.i.g. or 30 percent of bursting pressure, whichever is greater, and container sizes must follow Table H-12, with limited exceptions for small glass or plastic containers.
Key takeaways
- 1910.106(d)(2) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart H).
- OSHA cited it 125 times in the last 3 years, in 123 inspections, with $135,423 in current penalties.
- Most citations: NV (18), MD (16), CT (12).
- Related part: 1910.106(d) Container and portable tank storage (357 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.106(d)(2) ("Design, construction, and capacity of containers") is one requirement inside 1910.106 Flammable liquids, an OSHA general industry standard (Part 1910, Subpart H). It includes 3 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(2) Design, construction, and capacity of containers — 125 citations
(i) General. Only approved containers and portable tanks shall be used. Metal containers and portable tanks meeting the requirements of and containing products authorized by chapter I, title 49 of the Code of Federal Regulations (regulations issued by the Hazardous Materials Regulations Board, Department of Transportation), shall be deemed to be acceptable. Open (d)(2)(i) 83 citations
(ii) Emergency venting. Each portable tank shall be provided with one or more devices installed in the top with sufficient emergency venting capacity to limit internal pressure under fire exposure conditions to 10 p.s.i.g., or 30 percent of the bursting pressure of the tank, whichever is greater. The total venting capacity shall be not less than that specified in paragraphs (b)(2)(v) (c) or (e) of this section. At least one pressure-activated vent having a minimum capacity of 6,000 cubic feet of free air (14.7 p.s.i.a. and 60 °F.) shall be used. It shall be set to open at not less than 5 p.s.i.g. If fusible vents are used, they shall be actuated by elements that operate at a temperature not exceeding 300 °F. 3 citations
(iii) Size. Flammable liquid containers shall be in accordance with Table H-12, except that glass or plastic containers of no more than 1-gallon capacity may be used for a Category 1 or 2 flammable liquid if: Open (d)(2)(iii) 39 citations
(a)
(1) Such liquid either would be rendered unfit for its intended use by contact with metal or would excessively corrode a metal container so as to create a leakage hazard; and
(2) The user's process either would require more than 1 pint of a Category 1 flammable liquid or more than 1 quart of a Category 2 flammable liquid of a single assay lot to be used at one time, or would require the maintenance of an analytical standard liquid of a quality which is not met by the specified standards of liquids available, and the quantity of the analytical standard liquid required to be used in any one control process exceeds one-sixteenth the capacity of the container allowed under Table H-12 for the category of liquid; or
(b) The containers are intended for direct export outside the United States.
| Container type | Category 1 | Category 2 | Category 3 | Category 4 |
|---|---|---|---|---|
| Glass or approved plastic | 1 pt | 1 qt | 1 gal | 1 gal. |
| Metal (other than DOT drums) | 1 gal | 5 gal | 5 gal | 5 gal. |
| Safety cans | 2 gal | 5 gal | 5 gal | 5 gal. |
| Metal drums (DOT specifications) | 60 gal | 60 gal | 60 gal | 60 gal. |
| Approved portable tanks | 660 gal | 660 gal | 660 gal | 660 gal. |
| Note: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items, when packaged according to commonly accepted practices, shall be exempt from the requirements of 1910.106(d)(2)(i) and (ii). | ||||
Source: eCFR, text current as of 2026-10-15. Read all of 1910.106.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 12 |
| 2024 | 52 |
| 2025 | 40 |
| 2026 | 21 |
Top states: NV (18), MD (16), CT (12), MN (10), NY (10)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SV LABS PRESCOTT CORPORATION | PRESCOTT, WI | $16,550 |
| ALADDIN PACKAGING | HAUPPAUGE, NY | $10,000 |
| PRECIOUS CAT INC. | CHEYENNE, WY | $8,067 |
| GATTO INDUSTRIAL PLATERS, INC. | CHICAGO, IL | $7,500 |
| GERMAINE'S LUAU, INC. | KAPOLEI, HI | $4,936 |
Free toolbox talk
A 5-minute crew talk on 1910.106(d)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Storage of Class IA and IB flammable liquids in glass containers. (2003-07-07)
- Acceptability of storing Class II combustible liquids in DOT/NRTL approved polyethylene containers. (2001-08-02)
- Bonding and grounding of plastic containers during transfer of Class I flammable liquids. (1999-03-29)
- Interpretation of 1910.106(d)(2)(i), as it applies to the storage of combustible liquids in polyethylene containers. (1989-03-09)
- Paint thinner can be stored in approved plastic one-gallon containers. (1983-03-29)
- Inside storage requirements for consumer commodities less than 50% alcohol. (1982-02-16)
- Packaging of combustible liquids of 110 gallons or less. (1980-01-21)
Related parts of this rule
- 1910.106(d) Container and portable tank storage 357 citations
- 1910.106(d)(2)(i) General 83 citations
- 1910.106(d)(4) Design and construction of inside storage rooms 67 citations
- 1910.106(d)(3) Design, construction, and capacity of storage cabinets 65 citations
- 1910.106(d)(3)(ii) Fire resistance 59 citations
- 1910.106(d)(5) Storage inside building 55 citations
- 1910.106(d)(2)(iii) Size 39 citations
- 1910.106(d)(4)(i) Construction 26 citations
- 1910.106(d)(7) Fire control 23 citations
- 1910.106(d)(4)(iv) Ventilation 22 citations
- 1910.106(d)(6) Storage outside buildings 22 citations
- 1910.106(d)(5)(i) Egress 20 citations
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Frequently asked questions
What containers can be used for flammable liquids?
Only approved containers and portable tanks; metal containers meeting DOT requirements are acceptable.
What venting is required on portable tanks?
Emergency venting in the top sufficient to limit internal pressure under fire exposure to 10 p.s.i.g. or 30 percent of the tank's bursting pressure, whichever is greater.
How are container sizes limited?
Container sizes must follow Table H-12, with listed exceptions for glass or plastic containers of no more than 1 gallon.
About this page
Sources
- 29 CFR 1910.106 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-21
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.