1910.106(e)(2): Incidental Storage and Use of Flammable Liquids
In plants where flammable liquids are only incidental to the main business, employers must store them in tanks or closed containers. Outside a storage room or cabinet, quantities in one fire area are limited to 25 gallons of Category 1, 120 gallons of Category 2, 3 or 4 in containers, or 660 gallons in a single portable tank. Transfer areas need separation, spill control and ventilation, and certain liquids must be covered when not in use.
Key takeaways
- 1910.106(e)(2) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart H).
- OSHA cited it 207 times in the last 3 years, in 185 inspections, with $464,979 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: TN (32), WI (17), MI (15).
- Related part: 1910.106(e) Industrial plants (599 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.106(e)(2) ("Incidental storage or use of flammable liquids") is one requirement inside 1910.106 Flammable liquids, an OSHA general industry standard (Part 1910, Subpart H). It includes 4 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) Incidental storage or use of flammable liquids — 207 citations
(i) Application. This subparagraph shall be applicable to those portions of an industrial plant where the use and handling of flammable liquids is only incidental to the principal business, such as automobile assembly, construction of electronic equipment, furniture manufacturing, or other similar activities. Open (e)(2)(i)
(ii) Containers. Flammable liquids shall be stored in tanks or closed containers. Open (e)(2)(ii) 109 citations
(a) Except as provided in subdivisions (b) and (c) of this subdivision, all storage shall comply with paragraph (d) (3) or (4) of this section.
(b) The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed:
(1) 25 gallons of Category 1 flammable liquids in containers
(2) 120 gallons of Category 2, 3, or 4 flammable liquids in containers
(3) 660 gallons of Category 2, 3, or 4 flammable liquids in a single portable tank.
(c) Where large quantities of flammable liquids are necessary, storage may be in tanks which shall comply with the applicable requirements of paragraph (b) of this section.
(iii) Separation and protection. Areas in which flammable liquids are transferred from one tank or container to another container shall be separated from other operations in the building by adequate distance or by construction having adequate fire resistance. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided. Open (e)(2)(iii) 6 citations
(iv) Handling liquids at point of final use. Open (e)(2)(iv) 91 citations
(a) Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), shall be kept in covered containers when not actually in use.
(b) Where flammable liquids are used or handled, except in closed containers, means shall be provided to dispose promptly and safely of leakage or spills.
(c) Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), may be used only where there are no open flames or other sources of ignition within the possible path of vapor travel.
(d) Flammable liquids shall be drawn from or transferred into vessels, containers, or portable tanks within a building only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container or portable tanks by gravity through an approved self-closing valve. Transferring by means of air pressure on the container or portable tanks shall be prohibited.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.106.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.106(e)(2).
At 8:34 a.m. on February 20, 2025, Employee #1 and coworkers were closing a steel door mounted on a railing system with track wheels. While manually adjusting the door, one of the track wheels came off the rail, causing the door to jackknife. Three employees…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 10 |
| 2024 | 90 |
| 2025 | 61 |
| 2026 | 46 |
Top states: TN (32), WI (17), MI (15), VA (12), MD (10)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SPRAY PRODUCTS CORPORATION | PLYMOUTH MEETING, PA | $29,036 |
| MARINE TECHNOLOGY INC | OCONTO, WI | $15,969 |
| PROCESS MANUFACTURING COMPANY, INC. | TULSA, OK | $12,600 |
| LEGACY FLEXO, LLC DBA CHARTER NEXT GENERATION ? GREEN BAY DIVISION | GREEN BAY, WI | $12,059 |
| HNS MANAGEMENT CO., INC. | HARTFORD, CT | $10,050 |
Free toolbox talk
A 5-minute crew talk on 1910.106(e)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Clarification of requirements for storage and use of flammable and/or combustible liquids. (2007-12-26)
- Permitted incidental storage of flammable or combustible liquids. (2003-12-02)
- Transfer of nonflammable and noncombustible liquids via air pressure. (1984-02-03)
Related parts of this rule
- 1910.106(e) Industrial plants 599 citations
- 1910.106(e)(6) Sources of ignition 250 citations
- 1910.106(e)(6)(ii) Grounding 175 citations
- 1910.106(e)(9) Housekeeping 125 citations
- 1910.106(e)(9)(iii) Waste and residue 113 citations
- 1910.106(e)(2)(ii) Containers 109 citations
- 1910.106(e)(2)(iv) Handling liquids at point of final use 91 citations
- 1910.106(e)(6)(i) General 72 citations
- 1910.106(e)(3) Unit physical operations 7 citations
- 1910.106(e)(2)(iii) Separation and protection 6 citations
- 1910.106(e)(7)(i) Equipment 5 citations
- 1910.106(e)(7) Electrical 5 citations
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Frequently asked questions
How much Category 1 flammable liquid can be kept outside a cabinet?
Not more than 25 gallons in containers in any one fire area, outside an inside storage room or storage cabinet.
Where may flammable liquids be transferred?
In areas separated from other operations by adequate distance or fire-resistant construction, with spill control and adequate ventilation.
When must flammable liquid containers be covered?
Category 1 or 2, or Category 3 with a flashpoint below 100 F (37.8 C), must be kept in covered containers when not actually in use.
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 2026-10-20
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.