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Dec 28, 1994 - Companies who send their employees to a service station to fill up company vehicles. Dec 28, 1994 - Companies who send their employees to a service…

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OSHA Hazard Communication Letters of Interpretation

Companies who send their employees to a service station to fill up company vehicles.

Issued: December 28, 1994
Record type: Interpretation
Historical standard: HCS 1994, pre-GHS archive
Current standard: HCS 2024, as amended

ILPI assessment: Commercial-account analysis remains fact dependent

This letter addresses the obsolete 1994 version of the Hazard Communication Standard (HCS). Its main conclusion remains consistent: a fleet-fueling arrangement can be a commercial account for retail SDS duties, even though drivers use the fuel in vehicles.

Under the current HCS, apply commercial-account definition and retail notification/request duties, together with the other applicable retail provisions. The fleet-account name alone does not decide every arrangement. Fuel-system container exclusions do not automatically exempt refueling work from all chemical-information duties; evaluate actual handling, exposure and any claimed consumer-product exemption (FAQ explanation).

OSHA marks its matching original corrected 12/6/2024.

Last reviewed: October 27, 2026.

Related interpretations

Definition of "distributor" and "retail distributor" as used in paragraph 29 CFR 1910.1200(g)(7). (April 11, 1988)
Its distinction between a distributor and a retailer remains useful.
Application of the HCS MSDS requirements to distributors selling hazardous chemicals to consumers and employers. (May 16, 1990)
Occupational SDS transmission cannot be replaced by a general assumption that every sale is to an ordinary consumer.
Material Safety Data Sheet distribution to retail hardware store customers. (January 30, 1991)
An employer cannot rely on a consumer-product exemption when actual workplace use exceeds its conditions, and retail distribution carries SDS responsibilities.
A description of a retailer's responsibilities regarding material safety data sheets (MSDSs) and training under the HCS. (September 28, 1994)
Supplying downstream employers differs from ordinary consumer sales, and a retailer's own employees may separately need hazard information and training.

About this ILPI assessment

This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.

OSHA's notice about interpretation letters

The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

Source: OSHA's original letter page.

December 28, 1994

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Ms. Elizabeth L. Hay, Attorney
StarEnterprise
12700 Northborough Drive
Houston, Texas 77067

Dear Ms. Hay:

Thank you for your letter of March 11, concerning the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200 [ILPI: Original HCS 1994 context · Current HCS].

Your question requests a written interpretation to confirm that companies who send their employees to a service station to fill up company vehicles with motor fuel, pursuant to a fleet fueling account, do not constitute "commercial accounts" as defined in the amended HCS.

In response to your specific question, please refer to the February 9, 1994, Amendments to the Final Hazard Communication Rule (enclosed), where a definition was added for "commercial account" [ILPI: Original HCS 1994 context · Current HCS].

"Commercial account means an arrangement whereby a retail distributor sells hazardous chemicals to an employer, generally in large quantities over time and/or at costs that are below the regular retail price."

In your example where employers such as Avis and Hertz have established a "fleet fuel account" with StarEnterprise, the "fleet fuel account" appears to be a "commercial account". Therefore, StarEnterprise must inform their commercial account holders that an MSDS for motor fuel is available, and shall provide the MSDS upon the company's request. Please bear in mind that this conclusion is based on the information you provided in your letter. Ultimately, compliance with an OSHA standard is determined by field staff in our Area Offices.

[ILPI note: At issuance: HCS 1994, pre-GHS archive. Apply the current definition and retail duties to actual purchasing arrangements. Vehicle use does not itself remove commercial-account obligations.]

We hope this information is helpful. If you have any further questions please contact the Office of Health Compliance Assistance at (202) 219-8036.

Sincerely,

Ruth E. McCully, Director Office of Health Compliance Assistance
Enclosure: Hazard Communication, Final Rule

This hypermarked and content-enhanced page is copyright by ILPI, all rights reserved. Unauthorized duplication or posting on other web sites is expressly prohibited. For questions, comments and concerns, please contact us at our SDS email address.

The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1994-12-28.