1926.152(a)(1): Approved Flammable Liquid Containers
Only approved containers and portable tanks may be used to store and handle flammable liquids. For 5 gallons or less, approved safety cans or DOT approved containers must be used, except highly viscid liquids may be used in original shipping containers and original containers may be used for one gallon or less.
Key takeaways
- 1926.152(a)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart F).
- OSHA cited it 40 times in the last 3 years, in 40 inspections, with $88,884 in current penalties.
- Most citations: MO (16), NJ (5), MN (5).
- Related part: 1926.152(a) General requirements (42 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.152(a)(1) is one requirement inside 1926.152 Flammable liquids, an OSHA construction standard (Part 1926, Subpart F). 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
(1) Only approved containers and portable tanks shall be used for storage and handling of flammable liquids. Approved safety cans or Department of Transportation approved containers shall be used for the handling and use of flammable liquids in quantities of 5 gallons or less, except that this shall not apply to those flammable liquid materials which are highly viscid (extremely hard to pour), which may be used and handled in original shipping containers. For quantities of one gallon or less, the original container may be used, for storage, use and handling of flammable liquids. 40 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.152.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 6 |
| 2024 | 13 |
| 2025 | 15 |
| 2026 | 6 |
Top states: MO (16), NJ (5), MN (5), NC (3), DE (3)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| JERRY'S INC. | MILLSBORO, DE | $9,268 |
| CASCOR ENTERPRISE, INC. | HASBROUCK HEIGHTS, NJ | $5,107 |
| FRED GROSS CONSTRUCTION, LLC | GEORGETOWN, DE | $4,256 |
| WILMER GARCIA | WENTZVILLE, MO | $3,572 |
| JUAN ORTIZ | WENTZVILLE, MO | $3,572 |
Free toolbox talk
A 5-minute crew talk on 1926.152(a)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirements for storage and handling of gasoline on a construction site. (2004-01-29)
- Applicable Standards for Dispensing Flammable or Combustible Liquids. (1974-12-26)
Related parts of this rule
- 1926.152(a) General requirements 42 citations
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Frequently asked questions
What containers are required for 5 gallons or less?
Approved safety cans or Department of Transportation approved containers.
When is the original container allowed?
For one gallon or less, and for highly viscid liquids in original shipping containers.
Can any container be used for flammable liquids?
No. Only approved containers and portable tanks may be used.
About this page
Sources
- 29 CFR 1926.152 (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 2026-10-19
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.