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An OSHA letter of interpretation dated December 12, 1997, states: “Please note that OSHA has approved the usage of larger plastic storage containers for storage of flammable liquids (e.g., 5-gallons), provided that these containers are approved by the Department of Transportation (DOT), and/or they have been approved by a Nationally Recognized Testing Laboratory (NRTL).”
So although it is technically a violation of OSHA rules to use a plastic gasoline container, OSHA would issue a “de minimus” citation (meaning that there is technically a violation but no hazard exists and no fine will be assessed), as long as the plastic gas can is approved by the DOT, UL, or other Nationally Recognized Testing Laboratory (NRTL). That approval will be molded into the body of the container somewhere.