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:

  1. the applicability of the cited standard (e.g. were the cylinders in "storage"), and
  2. 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.

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